Legal Question in Workers Comp in Virginia
My doctor has said that even though I am still in pain and in the healing process...there is pressure for me to return to work at least part-time with restrictions. I have gotten two second opinions and both doctors believe it is in my best interest to stay out of work while I heal and continue aqua therapy and physical therapy. Both non-workers comp doctors have offered to write me out of work under FMLA for 3 months. I understand there is no payment under FMLA but I'm not concerned about that. I am physically limited at this time due to my injury and I just want to get well without being re-injured in the mean time. How will applying for FMLA through my new doctor affect my current workers comp case? I am wondering if they can close my case or something like that?
2 Answers from Attorneys
It will cause problems.Most likely your weekly check will be cut off and it will be extremely difficult to get it reinstated. In general I tell my clients to try to do the light duty and immediately call the WC Dr. if they can't do it. I think this is the best approach- instead of saying you can't do it- you try and actually can't do it.
Once your doctor releases you to restricted work, an offer of restricted work by your employer means that if you refuse, even if it is to take advantage of FMLA, your compensation benefits will be cut off. "Curing" a refusal of an offer of restricted work is difficult. I agree with Ms. Lewane that it is probably best if you try the restricted work and then immediately return to your WC physician and let him or her know of the problems that you are having. Maybe then the doctor will be more sympathetic.
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