Legal Question in Workers Comp in Missouri

Post Injury Work Duty

I am an ambulaory surgery RN. 8 months ago, I herniated C 5-6, 6-7, while loading 12 packs of soda, 2 packs at a time. Being concienctious, I only missed 3 work days at the time of injury, though I was in pain at work. I have received physical therapy, a home traction device, and received 2 sets of epidural injections under fluoroscopy, to my cercical spine. My clinical manager has worked with me on modified work duty Pushing, pulling, lifting) based on the pain doc's reccomendation. It has been 2 weeks since my steroid injection and I am in much less pain. They want me to get a FCE immediateley, and get back to the pain doc for followup. They want to close my case and settle, I assume. I feel that this exam will not present a truthful representation of my disability, since I am in agony when the steroids wear off. I fell they are trying to get me cleared to work in PACU again, where I will be subject to lifting, pushing and pulling, which creates pain and pressure in my neck. Once my case settles, i have been told they will no longer provide pain management(injections, PT) because I have reached max improvement. I feel my manager is angry that I am still restricted from lifting and wants me off resriction. can i postpone fce


Asked on 4/01/09, 11:37 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Post Injury Work Duty

You do not tell us whether you are represented by legal counsel. If you are, you need to address all of your questions to your attorney. If you are not, you should definitely be represented! the employer, or more specifically the employer's insurer is not primarily if at all concerned about your well-being. They are concerned with getting out as cheaply and as quickly as possible. Do not take another step without consulting with an attorney. If you do not know one, I will be very happy to refer you to one of the very best worker's compensation attorneys in the State of Missouri, and he will give you a consultation for absolutely no charge. If you decide to hire him he will agree to charge a contingencecy fee and wait to be paid until your case is settled or tried. He will protect all of your legal interests during the proceedings and he will maximize your compensation. You will wind up with much better treatment and much more money even after the attorney's fee is deducted than you will if you handle this on your own. Please feel free to give me a call.

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Answered on 4/02/09, 12:41 am


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