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Old 12-20-2012, 07:13 AM
1 posts, read 1,787 times
Reputation: 10


I was wondering if we have any options in this situation. We live in Pennsylvania

My husband has a repetitive stress injury from work that has left him almost unable to use his dominant hand. His other hand is injured too, but not as badly.

He's been on workman's comp for almost a year while he's had multiple surgeries and therapy. There was no issue whatsoever with determining his injury to be work-related. He's regained some range of motion but he still has severe pain, even from things like opening the car door or picking up pieces of paper with that hand a few times in a row. He is a printer and does the same repetitive hand motions thousands of times a day.

He's been going to the insurance company's recommended doctor this entire time.

Earlier this week, the doctor told him that he is as healed as he is going to get and is cleared to go to work with no restrictions. He didn't seem to care about the pain and said it might get a little bit better in 5 or 6 months.

So I'm assuming that as of the day of his appointment, he will not be receiving workman's comp benefits. However, his work is taking their time getting back to him about returning to work and we're assuming they're going to wait until after the holidays.

What I'm wondering is:

1. Am I correct that even though his work is not taking him back, his benefits cease as soon as he is cleared to work? Merry effing Christmas, eh, here's 2 weeks unpaid suspension.

2. Is there any harm to his case if he does return to work even though he can't perform his duties and doesn't believe he should have been cleared?

3. Is a second opinion (which we are definitely getting either way) covered by workman's comp?

4. Is there anything else we can do? This just seems ludicrous to me. Not only can he not do his job without severe pain, he's tried going back before and it's made his hands worse. He just can't do this job anymore and I do think he should be considered at least partially disabled. He is an honest person, a hard worker, and is not a sissy about pain. He can't do things he enjoys in his daily life because of this injury, let alone his job.

I hate the idea of hiring a lawyer but I am guessing it's going to come to that. It seems impossible to navigate all this stuff without one.
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