Legal Question in Workers Comp in Virginia

restrictions

I am a nurse in a nursing home on restricted duty due to a shoulder injury I incurred 8/13/2004. I have been on light duty doing clerical work which has been fine. Today they attempted to send me to the floor to function in a clinical status. I refused until they have documentation from the nursing board that I could not have legal ramifications filed against me if I did not perform something outside of my restrictions which is no lifting pushing or pulling anything heavier than 25 pounds. My concern is if I allow a pt to fall or do not perform CPR can I lose my license


Asked on 10/14/04, 5:05 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: restrictions

Dear Mam:

I understand you are a nurse on light duty working in a nursing home due to an on the job shoulder injury. You are on restrictions but the employer has asked you to return to regular duty and violate these restrictions. If you do this and re injure your shoulder, the ins co could deny the claim on the grounds you injured yourself because you "violated your restrictions."

I cannot give you an opinon about your nursing license but I can give you the above opinion about WC Law.

Gerald G. Lutkenhaus

804-358-4766

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Answered on 10/15/04, 9:08 am


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