Legal Question in Workers Comp in South Dakota

Dr. Doesn't want me to work....I feel like I can...

I have been under Dr.'s orders not to work...not even light duty. As of my last visit, the Dr. is thinking that a surgery may be reqired before I can heal fully.

The injury doesn't actually hurt anymore and I feel that I could do light duty work if the company can find something that would meet the Dr.'s restrictions. I think if I push the issue with my Dr. he would release me for light duty, although this would probably be against his better judgement.

So, I have a couple of questions:

1) Is it my responsibility to try to get back to work if I think that I can work?

2) Assume the Dr. did release me for light duty and something happened to aggrevate the injury...or even if nothing happened to aggrevate it...could he say that releasing me was against his better judgement, therefore giving Workmen's Comp a reason to deny paying for any future surgery I may need?


Asked on 3/17/04, 4:40 pm

1 Answer from Attorneys
Scott Sumner Sumner Law Office, P.C.

Re: Dr. Doesn't want me to work....I feel like I can...

From what you state, it would probably be a mistake to try to talk your doctor into releasing you to return to work against his better judgment. Your obligation to seek to return to work arises only when your doctor releases you to return to work, at which time it is your obligation to then seek to return to work but only within the restrictions that the doctor establishes for you. If you return to work and then perform work that exceeds the functional limitations placed on you by the doctor, they can then deny further workers' compensation benefits because you failed to follow your doctor's orders for work restrictions. If you return to work and suffer a further injury in the course and scope of your employment at the time of the return to work attempt that injury incident is a compensable workers' compensation claim. The employer may be able to argue that they have no further liability to you for the injuries suffered on the old injury date. It can get quite complicated. The best advice is to let your doctor decide when you should return to work and that your restrictions ought to be. Good luck.

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Answered on 3/31/04, 2:08 pm


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