Hi, and thanks for your interest and time!
I had a problem where I work with an industrial detergent used to clean medical equipment... Saw a work comp toxicologist, had a QME give a permanent partial disability with a generic restriction to "avoid the detergent used to clean these machines". Stipulations in the award agreement state the QME's restriction was to be permanent.
After further trouble with vapor from the disinfectant in the detergent getting into the air conditioning, the work comp toxicologist assigned a more severe work restriction of "avoiding areas on the air conditioning circuit when cleaning was being done".
I signed an accommodation agreement with my employer for the new restrictions, but transferred to a different building to escape the environment entirely. Felt much better and I asked the work comp doctor if his restriction could be lifted as my problem was resolved but the restriction was affecting my access to the other building, and he said sure.
Fast forward three years... I'm feeling fine, the medical equipment is now cleaned with a new, less toxic detergent, but this equipment is now coming to my new facility. My employer has cautioned me that due to my restriction accommodation agreement, my career may be substantially affected.
Long story short; I dug into the permanent and stationary report of the visit my work comp doc said was supposed to lift his restrictions (leaving only the generic QME restriction which can not be changed), and he never lifted his severe restriction to avoid all areas where the cleaning is done.
I contacted him and he said he would be happy to review and modify his restriction, but I must get approval from the work comp carrier. The carrier refused my request to see him again saying too much time has gone by, and "we can't change the past". The restrictions must remain.
Now, even though the detergent that made me sick is no longer used, I am stuck with a restriction to avoid all areas where these medical devices are being cleaned, and my boss and HR is saying they don't know how they can keep me in my position with the severe restrictions in place.
How do I break this logjam and get back in to see the doc who can modify the restrictions to reflect the changes that have occurred? I don't think I'd make a very good greeter at Walmart!
Any ideas would be greatly appreciated.
Thanks again for listening.
I had a problem where I work with an industrial detergent used to clean medical equipment... Saw a work comp toxicologist, had a QME give a permanent partial disability with a generic restriction to "avoid the detergent used to clean these machines". Stipulations in the award agreement state the QME's restriction was to be permanent.
After further trouble with vapor from the disinfectant in the detergent getting into the air conditioning, the work comp toxicologist assigned a more severe work restriction of "avoiding areas on the air conditioning circuit when cleaning was being done".
I signed an accommodation agreement with my employer for the new restrictions, but transferred to a different building to escape the environment entirely. Felt much better and I asked the work comp doctor if his restriction could be lifted as my problem was resolved but the restriction was affecting my access to the other building, and he said sure.
Fast forward three years... I'm feeling fine, the medical equipment is now cleaned with a new, less toxic detergent, but this equipment is now coming to my new facility. My employer has cautioned me that due to my restriction accommodation agreement, my career may be substantially affected.
Long story short; I dug into the permanent and stationary report of the visit my work comp doc said was supposed to lift his restrictions (leaving only the generic QME restriction which can not be changed), and he never lifted his severe restriction to avoid all areas where the cleaning is done.
I contacted him and he said he would be happy to review and modify his restriction, but I must get approval from the work comp carrier. The carrier refused my request to see him again saying too much time has gone by, and "we can't change the past". The restrictions must remain.
Now, even though the detergent that made me sick is no longer used, I am stuck with a restriction to avoid all areas where these medical devices are being cleaned, and my boss and HR is saying they don't know how they can keep me in my position with the severe restrictions in place.
How do I break this logjam and get back in to see the doc who can modify the restrictions to reflect the changes that have occurred? I don't think I'd make a very good greeter at Walmart!
Any ideas would be greatly appreciated.
Thanks again for listening.
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