Visitor Question

How can I get my doctor to put me on full work restriction?

Submitted By: Heather (Fair Oaks, CA)

Three weeks ago I just had tendinitis, and my Dr. didn’t release me from work. I now have Carpal Tunnel and it hurts BAD, but yet, he still won’t release me because my employer can accommodate my modified instructions. I told the Dr. my other wrist was beginning to hurt and he adjusted the work instructions. But my work didn’t adjust my duties, and now my other wrist hurts even worse.

How can I get the Dr. to take me off work duty completely? This is getting ridiculous. I’ve even talked to the Corporate people and they could care less how much pain I’m in, or about my situation. Is there anything I can do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Heather,

Heather (Fair Oaks, CA:

In most cases, an injured worker has a right to more than one medical opinion. In your case, it seems you really could use one. Contact your employer, or the workers comp insurance claims adjuster you’ve been working with, and ask to be referred to another company/insurance-approved physician.

Hopefully, the new physician will be able to clearly diagnose your carpal tunnel syndrome and notify the insurance company and your employer you are unable to work at any capacity, or at a reduced capacity appropriate to your injury.

If you are fortunate enough to have the new physician diagnose your injury as one which requires no work, or an extremely modified work which is appropriate for your injury, the insurance company should follow.

If that’s the case, you should be able to receive the treatment you need while working at a capacity which will not aggravate your carpal tunnel syndrome, or any pain and discomfort are suffering.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 31, 2014

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