Legal Question in Workers Comp in Georgia

Why am I Full Duty after being rated 12% back??

I have had spinal surgery (L4,L5-S1), surgery to repair a torn dura, surgery to clean my wound due to infection..spent almost a month in hospital and 6 months later I have constant back pain. The surgeon gave me an impairment rating of 12% and sent me back to work full duty at a heavy lifting job. I asked the doctor what the 12% rating meant and he said it was only because I had a tough time of the surgery and infection, etc.. but to him the MRI and x-rays look fine-he says I am repaired and can function just as before.. It seems to me that the 12% contradicts the fact that I am full duty, and vice-versa. I had an IME the other day, but report is not ready yet..my boss insists I come back to work at full duty lifting anywhere from 20-150 lbs all day long. This is 2nd doctor I have had..what can I do?


Asked on 2/02/02, 12:18 pm

1 Answer from Attorneys
Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: Why am I Full Duty after being rated 12% back??

Many physicians will release a patient back to regular duty even though they may have a significant permanent impairment. Getting a second opinion (IME) was the smart move to make. Try to get the report as soon as possible. If the second opinion physician states that you have any restrictions, you should not have a great deal of problems getting a change in physician grated by the State Board. If the second opinion does not come back favorable, I would still seek a change in physician and argue that you are still having problems and that you have a significant impairment rating. As far as work is concerned, I would advise my client to return and try the job. If you cannot do the work, immediately report the problem to your supervisor and also go back to your doctor with your complaints. This would give your request for a change in physician even more support. Good luck.

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Answered on 2/04/02, 9:26 am


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