Legal Question in Workers Comp in Georgia

Re: Released Shoulder Strain

First, I would discuss your concerns with your doctor. Specifically tell your physician what physical tasks are required of you in your current job. If your job requires more lifting than you can handle, ask your physician to give you something in writing detailing your limitations. Take the written note to your employer and insist that they comply with the doctor�s orders. If your physician is unwilling to provide this, ask your doctor to refer you for a FCE (Functional Capacity Evaluation), which should result in a detailed report on your restrictions and limitations. If your physician is unwilling to assist you, I would pursue a change in physician and get to a new doctor. Without an Order from the State Board, the only way to insist on an assignment to a lighter duty job is to have a physician backing you up.

Re: Released Shoulder Strain

If the position you are currently working in is beyond the physicial limitations outlined by your treating physician, your employer should either offer you light-duty that does fit within the doctor's restrictions or send you home and begin paying disability benefits. You should never have to work in a position that requires more physical work that your doctor has released you to perform. I would strongly encourage you to quickly speak with a workers' compensation attorney, since you may be causing further damage to your shoulder with your continued work. Even if your doctor has said that you are capable of working in that position, he or she may not be aware of all of the physical requirements of the actual job. You should certainly report to your doctor that you have been feeling increased pain from these job duties, so that he or she can adjust your physical limitations.

If I can help in any way, please contact me at [email protected] or see my website at http://www.parkerlaw.org.

John Parker