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PA Workman's Comp issues

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  • PA Workman's Comp issues

    Situation:

    Spouse is on workman's comp after suffering an injury on the job in October. The doctor originally placed her on light-duty at first until a subsequent visit revealed that she'd need in-patient surgery. Just before surgery, she was taken off of light-duty and placed on "injured leave" (for lack of the proper jargon used).

    She's been undergoing therapy since... and had another checkup with the doctor next Monday. However, she's been told by her employer this week that she's been released by the doctor and will be placed on the schedule in the next few days.

    Additionally, she previously worked third-shift. Due to the fact that she'd be going back to work on light-duty, her employer wants to shift her to first-shift instead. Does the employer have the right to do this? This would cause all sorts of scheduling issues and additional day-care/babysitting costs with our two children.

    Also, does it sound plausible that the doctor would have released her back to work just a few days before actually seeing her? Something seems fishy here, but I can't quite put my finger on it.

    Any/all thoughts welcome.
    JMW
    PA

  • #2
    Due to the fact that she'd be going back to work on light-duty, her employer wants to shift her to first-shift instead. Does the employer have the right to do this? Yes. If her employer has work available within your wife's restrictions on another shift, they may insist she accept the work. If she refuses, I can guarantee the WC carrier will cut off TTD benefits and it's possible she could be terminated.

    This would cause all sorts of scheduling issues and additional day-care/babysitting costs with our two children. I do sympathize but your family situation is not her employer's problem.

    Also, does it sound plausible that the doctor would have released her back to work just a few days before actually seeing her? Yes, it's plausible. The doctor will have been keeping up on your wife's medical status and improvement via regular reports from the physical therapist.

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