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WC and getting hours with employer Missouri

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  • WC and getting hours with employer Missouri

    I'm wondering what rights a injured worker has when back at work with restrictions and PT 3 times a week. PT is a hr away from work. Working just 6.5 hrs on those days. Employer "offered" for him to come back after PT I believe so they won't have to cover the hrs. That would be over 3 hrs of driving and working till almost 9pm and then the drive home. That can not be considered reasonable or expected. He is willing to go in early to get his hrs in but they tell him not to. Company not open on weekends so expected to get PT ( at place chosen by insurance carrier close to home but hr from employer) and 40 hrs pay that we need. I guess we can request PT moved closed to his work?

  • #2
    If you are asking whether the time spent driving to/from and the time spent at the appointments is compensable, the answer is no. If you have any sick time, or even vacation time, left, you should be able to use that time if your employer approves.

    If you don't have those hours available, Work Comp should, I think, cover the actual appointment times, but check back for confirmation on that.

    Of course, the closer the better, so if that can be arranged, it would be to your advantage.

    If I'm misunderstanding the question, please post back.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Be doesn't have any sick time or vacation time. I don't think he's been paid for any of his dr appts. I do have the form for mileage I will be filling out.

      My husband was crushed at work breaking several bones and requiring 2 surgeries. Now back at work I feel way too soon going to PT appts most likely for several more months which is at our expense. He needs the PT so if we must take the loss for him to receive it then so be it. I would think if he was leaving work to go and returning at their expense, time and mileage, hey would work more with his schedule. If it was scheduled middle of shift would it be on the clock?

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      • #4
        No, there is no law that requires this time to be paid, no matter when it is. Work Comp. however, may pay a partial benefit for this time. Contact HR or the your Work Comp case manager.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I'm wondering what rights a injured worker has when back at work with restrictions and PT 3 times a week.

          ... going to PT appts most likely for several more months which is at our expense.
          Something missing here... Why are you paying for PT out of your pocket?
          If his Dr has written the Rx for PT, and should have taken the necessary steps to secure the prior authorization, the IC should be paying for PT.
          My husband was crushed at work breaking several bones and requiring 2 surgeries. Now back at work I feel way too soon
          What is the orginial DOI/Date Of Injury here ?
          He is back to work... has the Dr released him at MMI/Max Medical Improvement ?
          I don't think he's been paid for any of his dr appts. I do have the form for mileage I will be filling out.
          He should be reimbursed for any/all medically necessary trips...Dr, PT, even pharmacy.
          No benefits paid for Dr visits post MMI.
          I would think if he was leaving work to go and returning at their expense, time and mileage, hey would work more with his schedule. If it was scheduled middle of shift would it be on the clock?
          He is not being paid "time and mileage" for PT. Only mileage. PT appts should be made at the convenience of the ER. (at least that's the presumption). See if PT can be moved closer to his job site.
          Even if the PT was scheduled mid day while on the clock...there is no mandate the ER would pay wages. There is no TTD due as he is not "disabled''. Dr must certify when TTD is due. Or TPD for that matter.
          Connecticut and I think Nebraska now, are the only state/s that require the ER to pay for Dr/PT etc time loss.

          Now... having said all that... IF he has been declared MMI, his or another Dr should evaluate and rate for PPD/Permenant Partial Disabiliy, those benefits are scheduled, but paid at the TTD rate.
          Indemnity benefits are due based on his reduced earning capacity, or reduced ability to compete in the open labor market.
          Those indemnity benefits would help your financial situation due to his reduced earning capacity right now.
          Info on PPD awards is here http://www.moga.mo.gov/statutes/C200-299/2870000190.HTM

          Comment


          • #6
            Sorry it took so long to get back with you.

            They are covering the cost of his PT. When he has to leave work early 3 times a week to go it cost him about 6 hrs a week of pay. When they scheduled it he wasn't working yet and was located close to the house. I suspect he will be in PT a few more months.

            He is back at work. Not doing his normal job and the dr pretty much has said he may never be able to work it again. They are keeping him in the office.

            We are learning as we go. Right now I know restrictions are sit down/desk job and most recent is no standing/walking on uneven or slick surfaces...this after they insisted he was to go in if there was something to do even in snow/ice and he fell.

            He is not at MMI. Only time I heard it mentioned so far was at first follow up with surgeon and the IC's rep asked. At that time the surgeon gave a ruff estimate of 6 months on one surgery and 9 months on the other.

            DOI is 10/15/10.

            Comment


            • #7
              They are covering the cost of his PT. When he has to leave work early 3 times a week to go it cost him about 6 hrs a week of pay. When they scheduled it he wasn't working yet and was located close to the house. I suspect he will be in PT a few more months.
              There is no reason he can't make the PT appts himself each time he goes/leaves the PT facility.
              There is no reason he can't request a change of PT facility to one closer to home. Medical treatment should be provided at the convenience of the IW in this case, but once RTW at that of the ER.

              There is no reimbursement for time loss to go to PT. PTO/Sick time/vacation may be used if the ER permits.
              He is not at MMI. Only time I heard it mentioned so far was at first follow up with surgeon and the IC's rep asked. At that time the surgeon gave a ruff estimate of 6 months on one surgery and 9 months on the other.
              There may be a twist here... as he has not been declared MMI, he should be TPD/Temporary Partial Disabled... and if there is wage loss, there may be benefits due, based on min/max rates in effect per the statute.

              Check with the claims adjuster, or your attoreny. If he cannot perform the light duty job duties, or the ER cannot provide the accommodation to light duty, he should automatically be returned to a TTD status.

              WC claims can be/are often complex. As no one on a message board has access to the file, info can only be based on what you provide. Consultation with a competant WC attorney would be in your best interests.

              Comment

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