I had surgery in January 2006 for a work injury from July 2005. In April 06, I saw surgeon for check up. After doing range of motion exercises, I informed him of a marble size lump on my shoulder (surgery area) that had developed within the last few days. He was five feet from me and stated very smugly "of course it is going to be sore the tendon is healing" he then walked out of the room with out checking it out. Since then I have seen my primary care Dr. (who's first words were "oh my God") He sent me to another surgeon who stated I needed surgery immidiately. Something to do with my primary insurance (why, this is a workers comp claim) They would not let this surgeon operate. I saw another surgeon three weeks after that who stated that surgery would disable me permanently. He told me I could no longer do my job, and should not be doing my job anymore. This was his rational explanation of why he would not write out job restrictions. After being harrassed at work for haveing no restrictions, I called his nurse and asked him to please put in writing what he had told me. He mailed me a letter that said return to work with NO RESTRICTIONS. I asked the nurse why he had done that her reply was doctor could not write me restrictions because he was the third doctor to be seen on a workers comp matter. I still have not been told what that has to do with anything. Next week I see surgeon #4. I am in constant pain. Constantally being asked to perform job duties against my restrictions (Dr. in immidate care actually had to write out new restrictions for me) My work made me use my own sick leave and vacation to cover Dr, apt. and therapy. My union is working with me on this (I am a government employee) you would think these people would know better. I am just constantally harrassed by my employer and workers comp. I can not find a lawyer in my area that wants to touch any of this (mailnly because of my employer being government). This has consumed my whole life for over a year now. It has started to affect my mental state and my personal life. Any sugestions? I need help!

Your insurance cannot prevent your doctor from operating. They can refuse to pay for it, but what treatment you receive is between you and your doctor.

Not having read your CBA I have no idea what your options are. If your union is working on this with you that's probably your best bet for now. The union has access to attorneys.

I too work for a government and trust me, lawyers have no trouble taking WC cases on that basis. I have no idea why you can't seem to find one but it has nothing to do with who your employer is I assure you. It doesn't make one bit of difference in WC.

If your doctor wrote that you can return with no restrictions, then your employer can hold to that. Less than ethical employees can find a doctor somewhere out there that will say about anything and most are found at urgent care centers. Your employer does not need to take the opinion of a doctor who saw you for 15 minutes over one who has been treating you and has your full history in front of them.

Whether you havea case for malpractice against the one who misdiagnosed the marble sized growthis completely separate and apart from WC and doesn't change anything from that perspective.

It is normal to require you to use your own sick leave for appointments and therapy. WC doesn't entitle you to additional leave or paid time off aside from your PTO.