What will happen to me and my workers comp case? 4 Answers as of November 06, 2012I am a Delta Employee ready reserve, which is part time at the airport ticketing counter. I hurt myself back in December 2010 and went out on Workers Comp. The workers comp orthopedic doctor returned me to work with restrictions, but Delta does not have a light duty position for someone on ready reserve. Now I’m being forced to take short term disability without pay. My back is still hurt and the doctor did not give me a follow up date. If I’m still hurting and workers comp is closing my case, who takes care of my medical needs?
Rice & Co., LPA | Kollin Rice
If you are still under restrictions and unable to return to your former position of employment full duty, if your doctor or the BWC has not certified you as having reached maximum medical improvement, and work is not letting you work light duty, you should remain eligible for temporary total disability. This provision of workers' compensation law is often misunderstood by employers and physicians (not to mention claimants.) You will probably have to persuade your doctor to complete the C-84 paperwork, and may need to go to a hearing or two on the subject, both of which are more easily accomplished through an attorney. (Sometimes when an employer realizes they still have to pay you anyway, they will find some light duty work for you to perform.)
Answer Applies to: Ohio