Legal Question in Workers Comp in Missouri

Re: return to light duty

If the new work schedule is being dictated by doctor's restrictions, you may be entitled to what is called temporary partial disability. Missouri law provides that such compensation shall be paid "during such disability but not for more than one hundred weeks, and shall be sixty-six and two-thirds percent of the difference between the average earnings prior to the accident and the amount which the employee, in the exercise of reasonable diligence, will be able to earn during the disability, to be determined in view of the nature and extent of the injury and the ability of the employee to compete in an open labor market." This amount may not exceed the employee's maximum temporary total compensation rate.

If the company is limiting your schedule arbitrarily, you may have a case for discrimination due to involvement in a workers' compensation action.

You should consult an experienced workers' compensation attorney.