Workers Compensation Nightmare
By AnnieOakley1
@AnnieOakley1 (5596)
Canada
March 3, 2010 9:15pm CST
My husband has been off work since early November '09 because of a work related injury. His Dr. told him to file for Workers Comp. 3 mos later, he finally got approved and began receiving benefits, 85% of his net pay. Almost immediately, they wanted to know when he would be returning to work. The Specialist sent him for PhysioTherapy for 3 - 6 mos. He has been going for 2.5 mos, 2 - 3x/wk. It takes just over an hour for his treatment each time. Comp pays by the km for him to go and pays them for the treatments.
Comp has ordered my husband to go back to 'modified work' with this company 5 days per wk. It is light work, and within his scope of ability without injuring himself, he does not have a problem complying with this.
The Dr. and Physio have both written letters stating that he is not to drive because of his condition. He has Tendonitis in both shoulders, and a torn rotator cuff in the right shoulder. He also suffers from 'Impingement'. He is also on a strong medication for pain, so the Dr. also stated that he is not to drive on this medication, as well. When he drives, it causes him pain and his arms go numb. 1 of the main limitations he has is that he is not to do any work at or above shoulder level.
Comp has asked him to go to his Dr. and have his medication changed so he can drive, stating that is the ONLY reason for that limitation. We are awaiting that appt on the 26th of March to consult with our Family Dr. regarding that.
Comp has insisted that he change his Physio appts (currently during the day) to evening appts, to accomodate the full time work schedule. Here is the problem:
Physio's latest appts are Mon and Wed 8pm, Tue and Thurs 7pm and Friday 5pm. They are a half hour driving distance from our home. The treatments work best if staggered, so he has been going on Mon, Wed, Fri. His hours of work are to be 7am - 5:30 pm, 2 hrs from home.
So, now 5 days a week he is supposed to get up at 4am, leave home at 5am, get home at 7:30pm, and 3x/wk not get home until 10pm. That is 17 hrs!
There is a Collective agreement between this company (and others) with the Union that if they work out of their district (there are borders) then they are required to pay travel time and a higher rate of pay. This 'modified work' happens to be in another district, 2 hrs driving distance, one way and both of these would be applicable under normal circumstances. But because Comp is involed, they do not.
My husband normally only applies for(and gets) jobs within 30 mins driving distance from home, because even IF they paid the higher rate of pay AND travel time, he says it just isn't worth it to lose 4-5 MORE hrs of his day. The day is then totally gone, and you can't do anything else at all or have ANY life whatsoever. And when he got hired by this company (he has worked for them before) they were working up here in our district. But currently, all the jobs they have available are much further south.
I think that Comp should pay him for the 3 days that he has physio, and he can get a ride to and from work on the other 2 days.
What do you think about this?
He has a meeting with Comp, the employer and his Union Rep on Monday morning to try and sort this all out.
2 people like this
7 responses
@cynicalandoutspoken (4725)
• United States
4 Mar 10
I was on comp from March of 2006 until the comp company finally settled with me in August of 2009. That was the longest 3 years of my life! But I can tell you that during that time I was ordered to go back to work by the comp companys doctors 4 different times and never once did I set foot inside my place of employment. Granted I had an attorney that advised me against this. My doctor refused to let me go back to modified duty because once you are "back in their clutches" (as he used to say) they can make you do anything they want to and if you refuse they have recourse to fire you.
I'm sure that would be different in your husbands case because he is union but it is something to think about. My doctor said I needed to have a minimum of 2 but more than likely 4 or 5 surgeries before I could even begin to think about returning to full time work. The comp company paid for one. My problems weren't fixed with the one surgery (go figure) so they jerked me around another year or so before they decided to just settle so they wouldn't be liable for any of my future medical bills.
This was in August. The health insurance I got in September has a pre-existing condition clause so I cannot even be treated for my issue until October of this year and my doctor fills now that there has been too much damage done and too much time has passed for me to gain a favorable outcome from having these surgeries.
I feel your husbands pain (I too suffer from tendinitis). This isn't going to be easy and I wish him and you the best of luck.
@AnnieOakley1 (5596)
• Canada
5 Mar 10
Comp threatened to cut him off if he did not go to the 'modified work', so he has only gone 3 day so far, 2 last week and 1 day this week on the advice of his Union. I am not really satisfied with the Union representation so far, as they keep citing Comp rules and what Comp allows and does not allow, etc. It is disconcerting. But I will have a chance to finallly meet and talk to the Top Union Rep that specializes in WSIB cases on Monday prior to the meeting. So, then, I will have a better idea how he will be represented. So far, I have only spoken and emailed the Assistant.
1 person likes this
@Aussies2007 (5336)
• Australia
4 Mar 10
This is totally ridiculous.
The company is breaking every law in the book.
It is abusing you and harrassing you.
It has no right to instruct a doctor to change your husband medication.
You need to stick by this...
The Dr. and Physio have both written letters stating that he is not to drive because of his condition. He has Tendonitis in both shoulders, and a torn rotator cuff in the right shoulder. He also suffers from 'Impingement'. He is also on a strong medication for pain, so the Dr. also stated that he is not to drive on this medication, as well. When he drives, it causes him pain and his arms go numb. 1 of the main limitations he has is that he is not to do any work at or above shoulder level.
Don't take matters in your own hands by letting the company bully you into returning to work. You have the doctors on your side. This is a matter between the company and the doctors. It is not up to you to make the decision.
If they stop paying, you take them into court and make them pay you compo plus compensation for psychological abuse.
2 people like this
@AnnieOakley1 (5596)
• Canada
4 Mar 10
I agree 100%. I don't understand how they can force him back to work so soon, when he is still being treated for his injury. He is not better. But they say that since the scope of the 'modified work' is within his limited abilities, he has to accept the job offer. It isn't the job itself that is the problem, as it is easy work. It is the location, travel and pay rate. When he started with this company last spring, they were working in our district. Only a half hour's drive from home. But at present, the only job locations they have available are 2 hrs away, one way. What gets me is that they had to pick up every member of the current crew he is working for in the company truck and pay them a higher rate of pay (as per the Collective Agreement with the Union) for the district they have to travel to, just to convince the healthy, uninjured workers to do the job. They all offered to quit. It took 3 mos to fight them just to get the higher rate of pay. And still, because of the 4 hr daily commute, to and from the jobsite, they are all readily looking for any other work they can find in our area instead. Even at a lower rate of pay. They work 10+ hr days. Add to that another 4 hrs travelling and there isn't any time left for any kind of life.
Yet, just because Comp is involved, the Collective Agreement goes out the window, is no longer applicable, and even though he is unable to drive himself these distances, they still expect him to foot the bill somehow, when nobody else on the crew has to.
I'm willing to take Comp. to court if I have to, but I am trying to find proper legal grounds to do so. Comp seems to think they can make medical decisions for my husband, because they are paying him some income replacement and that is definitely WRONG! We will consult with our Dr. and have to provide a letter from him regarding the medication change. The Dr. chose that medication because there are several that he cannot take and this one is working for him at present, so I see no need to change it.
Thanks, hun. 
1 person likes this
@Hatley (163781)
• Garden Grove, California
4 Mar 10
hi annieoakly theworkmans comp people evidently do not have a clue as to the pain and misery of tendonitis and a torn rotator cuff and impingement I do as I have been there and done that. I can readily sympathize with him over this whole situation. I wonder that they do not get few medical advisers in workman comps offices to tell the people working there just what these medical terms really involve. I also think workman's comp should pay him for the three days he has physio. hope the union rep can help sorts things out
2 people like this
@AnnieOakley1 (5596)
• Canada
4 Mar 10
Oh, Hatley. So, please tell me...is it cureable? Or is it a lifetime condition causing limitations. We don't know, nobody has told us.
And he really is in a lot of pain and often cannot sleep or is awakened by it. So, you've gone through this? How awful for you.
Thing is, the Union rep is supposed to be representing his interests, but I don't know if they would do any better job than me. However, they would be given more respect, because of their position.
1 person likes this
@AnnieOakley1 (5596)
• Canada
4 Mar 10
Well, for this week, and last week, they are paying him for the days he has Physio, and he has to work on the days he doesn't have treatments. I think that is how it should stay until they get more medical information from more treatments. He's only been going for 2.5 mos. The Specialist said to try it for 3 - 6 before reassessing him to see if it made any difference, then they would try something else. But WSIB just ordered another Assessment by Physio, so we should get that on Friday to take to the meeting. I'm certain it will show he is unable to go back to full time work hours yet. Thing is, I don't understand why Comp is in such a hurry to push him back to work so fast, when he is still injured.
2 people like this
@AnnieOakley1 (5596)
• Canada
4 Mar 10
I guess I was under the impression that they were a gov't unbiased 3rd party, and were supposed to make sure that neither side was taking advantage of the other. Stupid me, eh? 
That changes my whole perspective then.
I know the employer has said that Comp is charging back all payments they make to my husband back to them.
That changes my whole perspective then.
I know the employer has said that Comp is charging back all payments they make to my husband back to them.2 people like this
@bunnybon7 (50973)
• Holiday, Florida
6 Mar 10
oh emp[oyers never want to treat you right for what you are worth and most like to get all they can out of you. thats why the unions in the first place. looks like the union could do something. thats just sad
to put your hubby through all that mess. @AnnieOakley1 (5596)
• Canada
7 Mar 10
Yes, they basically walk on their employees, well, some do, some don't. The key is to have an employer that actually cares. This 1 doesn't, never did. They were difficult before this WSIB claim, now they are just unbearable. They never paid many of the things they were supposed to pay and nobody complained because they feared losing the job and needed the work.
I am hopeful that the Union Rep will represent his interests well on Monday morning. *fingers crossed*
@newtalent (1112)
• United States
4 Mar 10
There needs to be a meeting of the minds here before anything can be done. a medicated person should not be on the road. There should be an allowance for physician appt's. Unfortunately if there is an opening available to him and he won't go then he is not cooperating. Who is going to be transporting him back and forth to work? Dr's Appt's? I would have an attorney present at any and all proceedings because this stuff can get real sticky. I would want to know my rights and know my obligations. Ignorance of the law is no excuse if you can understand in a court of law. Just by reading this it does make sense that they would risk injury again to just get him back to work. Protect yourselves and your legal standing to make sure any change does not cancel his workman's compensation. Feel better and take care...
@AnnieOakley1 (5596)
• Canada
4 Mar 10
Everyone agrees that he should not be driving because of the medication he is on, BUT Comp is trying to push him back to work, no matter how easy (modified) it is, while he is still receiving treatment for his injury. What ever happened to trying to make him better first? The schedule they propose would extend his days from leaving home at 5am and not getting home until 10pm 3x/wk. And when is he expected to eat supper? And how much sleep would he get?
ie.
4am-wake up
5am-ride to work from friend at same jobsite
7am-start work
5:30pm leave work (ride)
7:30pm arrive home
8:00pm Physio treatment (1hr)
10:00pm arrive home
um, eat supper
11pm go to bed
um, sleep for... 5hrs?
This would happen 3x/wk and the rest of the week he would get home at 7:30pm.
I can't see how a person can heal or get better under these conditions.
And under the collective agreement with the union, IF Comp wasn't involved, he would have to be paid travel time plus several more dollars per hour for the different district, just to be enough to convince him it was worth it to leave at 5am and not get home until 7:30pm 5x/wk. And under normal circumstances, he would refuse the job. So, it is driving us crazy that he is being forced to now.
1 person likes this
@SomeCowgirl (32191)
• United States
4 Mar 10
AnnieOakely1,
I don't have much to say on this only that I hope you get it all sorted out. He shouldn't have to work so far away and wouldn't his Physical Therapy be more important then work? Should they not consider that when moving him out so far to work?
1 person likes this
@AnnieOakley1 (5596)
• Canada
4 Mar 10
I agree that the treatment is more important than him getting back to work so soon, when he is not healed. We don't even know yet if he ever will be. It is too early to tell. And it is driving us crazy that they now suddenly are forcing him to take a job so far away that he would not normally take.
Thanks, I'll take this info to the meeting. You made a good point. 
1 person likes this
