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I need your thoughts any attorneys?

 
Ladën x Lou
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User ID: 621244
United States
07/08/2009 12:50 PM
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I need your thoughts any attorneys?
I was in a little non-job related accident. A release was provided to my employer from the hospital w diagnosis and medications perscribed......my employer told me to go home rest..i tried to return to work the next day ...and unfortunalty had a sever case of the virtigo...employer sent me home again...later that day i retuned to the hospital cause i thought my head injury was worse than thought.....provided employer with 2nd release diagnosis and medications perscribed....returned to work Monday, per my release from my doc said okay.

Yesturday my employer says I must go see thier doctor to get a release though it is not work related (policy states i MAY be required to do so if it is job related AND consistant with business ) this leads me to believe that those two factors must be present. I am able to perform my job duties for the most part...restricted but main functions are okay.

i was exanmined by employers doc, then upon return my employer states they where not suppose to evaluate me ...they just needed to give me a release and send me on my way.

How can I get a release w/ out being thouroughly evaluated for my injuries? How can they release me without even seeing prior diagnosis? This Doesnt add up, and, I don't thinnk anyone else who had a personal injury has been subject to the same treatment.

Let me add this is the workers comp doctor. They made a mistake filed it as a comp claim .....went back and changed it...although from the very beggining ...I specificly told the doc and employer before my return it was NOT work related.......I think this is the only way the company could get me into that clinic. Was it really an accident that I ended up there under workers comp?

There have been additional questionable practices occuring to me prior to this inncodent. Maybe its paranoia but i can't help but feel a bit targeted.

They have been complaining about my abscences as well even though it is excused, by medical conditions....including recent surgery......though they made me leave for three hours???

Is this a violation of anything ?? and can they Force me to see thier doctor with 2 prior releases?

Any thoughts?

Last Edited by MadxNewsxMazzy on 07/08/2009 04:59 PM
"Be who you are and say what you feel because those who mind don't matter and those who matter don't mind."
~ Dr. Seuss
Ladën x Lou  (OP)

User ID: 621244
United States
07/08/2009 12:55 PM
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Re: I need your thoughts any attorneys?
crap no one knows employment law here ?? damn a topic GLP doesnt know..... can it be so?
"Be who you are and say what you feel because those who mind don't matter and those who matter don't mind."
~ Dr. Seuss
Anonymous Coward
User ID: 432008
United States
07/08/2009 12:56 PM
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Re: I need your thoughts any attorneys?
Not a lawyer, just a manager at a company where this occurs from time to time. Located in TX...

Even though you had a non-work related injury, many companies require you to be cleared to return to work by the company doctor. This is because if you are allowed back to work and your non-work related injury causes a problem while at work, it instantly becomes a workmans comp case. They are simply making sure you are safe to return to work without complications to both yourself and the company.
Ladën x Lou  (OP)

User ID: 621244
United States
07/08/2009 12:57 PM
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Re: I need your thoughts any attorneys?
Not a lawyer, just a manager at a company where this occurs from time to time. Located in TX...

Even though you had a non-work related injury, many companies require you to be cleared to return to work by the company doctor. This is because if you are allowed back to work and your non-work related injury causes a problem while at work, it instantly becomes a workmans comp case. They are simply making sure you are safe to return to work without complications to both yourself and the company.
 Quoting: Anonymous Coward 432008



okay , even though i provided 2 releases ..........how can thier doctor release me w/ out checking me out....even though they did examine me they were not suppose to.....i dont get it...they didnt ask for my other records from my doc and er either..how can that be determined?

im only concerned because ....i get in trouble for not being here...and....It really did not make sense ...since they had documentation already to cover themsleves.

Last Edited by MadxNewsxMazzy on 07/08/2009 01:03 PM
"Be who you are and say what you feel because those who mind don't matter and those who matter don't mind."
~ Dr. Seuss
Anonymous Coward
User ID: 432008
United States
07/08/2009 01:04 PM
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Re: I need your thoughts any attorneys?
okay , even though i provided 2 releases ..........how can thier doctor release me w/ out checking me out....even though they did examine me they were not suppose to.....i dont get it...they didnt ask for my other records from my doc and er either..how can that be determined?
 Quoting: Ladën x Lou


The company doctor does not always need to examine you also, they can act on the information contained in the release from your personal doctor, the severity of the condition, their personal knowledge on such conditions and how it affects you ability to work.

It is also possible that the company doctor contacted your personal doctor directly. This permission is most likely in the documents you signed when you hired on.
Anonymous Coward
User ID: 720932
United States
07/08/2009 01:16 PM
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Re: I need your thoughts any attorneys?
The best time to be looking for a job is when you already have one.
^hawk-0^

User ID: 692375
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07/08/2009 03:09 PM
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Re: I need your thoughts any attorneys?
Sue them!!!
Andromeda

User ID: 708515
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07/08/2009 03:18 PM
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Re: I need your thoughts any attorneys?
Could be your employer didn't trust the documentation you were showing up with, since as you said it had been improperly filed as a workman's comp problem initially and then you had a release and got sick and had to get another release.

Sounds like he wanted a medical professional to review your erratic and mishandled case papers and make a record about what the company is supposed to think your status is.

Might be just covering his ass. Might be he thinks your doctors are idiots that can't be trusted.
Gaius Germaincus

User ID: 714934
United States
07/08/2009 03:26 PM
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Re: I need your thoughts any attorneys?
Sorry, but no lawyer would give you advice over a forum. Each state has its own laws and a lawyer must be admitted in that state to give advice. The moment you give advice to someone an attorney client relationship may arise leaving you open to legal fees and them open to suit. There are ethics standards attorney's have to live up to as well in this area. If someone claiming to be a lawyer here gives you advice remember that doing so in this forum (no attorney client privilege to boot) is a hack at best or an impostor at worst. Check the yellow pages in your area.

Last Edited by Gaius Germaincus on 07/08/2009 03:26 PM
Utinam populus Romanus unam cervicem haberet!
Andromeda

User ID: 708515
United States
07/08/2009 03:30 PM
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Re: I need your thoughts any attorneys?
Sorry, but no lawyer would give you advice over a forum. Each state has its own laws and a lawyer must be admitted in that state to give advice. The moment you give advice to someone an attorney client relationship may arise leaving you open to legal fees and them open to suit. There are ethics standards attorney's have to live up to as well in this area. If someone claiming to be a lawyer here gives you advice remember that doing so in this forum (no attorney client privilege to boot) is a hack at best or an impostor at worst. Check the yellow pages in your area.
 Quoting: Gaius Germaincus

Like the bar association prosecutes complaints against attorneys who engage in blatant malpractice even!

lol

Firstly, a lawyer is perfectly free to give out legal advice without charging legal fees. Secondly, try suing some anonymous or registered member of a forum for legal malpractice for posting some pointers or opinion.
xLaden_Loux (OP)
User ID: 621244
United States
07/08/2009 04:03 PM
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Re: I need your thoughts any attorneys?
Sorry, but no lawyer would give you advice over a forum. Each state has its own laws and a lawyer must be admitted in that state to give advice. The moment you give advice to someone an attorney client relationship may arise leaving you open to legal fees and them open to suit. There are ethics standards attorney's have to live up to as well in this area. If someone claiming to be a lawyer here gives you advice remember that doing so in this forum (no attorney client privilege to boot) is a hack at best or an impostor at worst. Check the yellow pages in your area.
 Quoting: Gaius Germaincus


consultation and acceptance of services are two different things .......there is no contract of representation from a little free knowledge. This I do know...because it is standard contract law ...I'm not entirely familiar with Employment Law..especially as it applies to FMLA....this is why I want to know.
Gaius Germaincus

User ID: 714934
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07/08/2009 04:13 PM
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Re: I need your thoughts any attorneys?
It depends on the state you are in. Attorney's have been successfully sued over giving free advice at the bar. Its not the Bar Association you really have to watch out for its the client. You have to do something pretty negligent or just plain wrong to have the bar miffed at you. A client can sue a lawyer as easily as the lawyer sued someone for the client. No good lawyer would give legal advice on GLP. There is a question if a good lawyer would even be here, lol.

A consultation will lead to one of two things, either "I do not represent you" or "I would like to represent you." That makes it clear whether you are a client or not.

Think about it. If you talked to a doctor about hemroids and he told you to shove a hot poker up your ass and you did, don't you think that not only your intelligence for taking such advice but also his medical advice is questionable. Some lawyer would take that case.

Last Edited by Gaius Germaincus on 07/08/2009 04:16 PM
Utinam populus Romanus unam cervicem haberet!
docnothouse
User ID: 721153
United States
07/08/2009 04:19 PM
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Re: I need your thoughts any attorneys?
They shouldn't be able to force you to see their doctors. Get own notes from doc asap.
Ladën x Lou  (OP)

User ID: 621244
United States
07/08/2009 04:57 PM
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Re: I need your thoughts any attorneys?
FMLA is federal I was not sure if there is subchapter that supports this again...I do not know much of employment law ......but I do have certs in contract law.

Free advice is available all over the net but being a loyal member of glp....I know there is good insight here......this is the first place I go ....usually I find some decent input here.



They shouldn't be able to force you to see their doctors. Get own notes from doc asap.
 Quoting: docnothouse 721153


indeed doc - they already had two releases on file.

Last Edited by MadxNewsxMazzy on 07/08/2009 05:03 PM
"Be who you are and say what you feel because those who mind don't matter and those who matter don't mind."
~ Dr. Seuss
Anonymous Coward
User ID: 432008
United States
07/08/2009 05:06 PM
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Re: I need your thoughts any attorneys?
They shouldn't be able to force you to see their doctors. Get own notes from doc asap.

indeed doc - they already had two releases on file.
 Quoting: Ladën x Lou


I already said this before, but it seems to be a sticking point.

A release from YOUR doctor is not always accepted by a company to return to work. The company is protecting its interests as well. Most companies in my industry (petrochemical) REQUIRE you to see the company doctor before you are allowed to return to work irregardless of what your personal doctor says. Your personal doctor does not always know the requirements of the job and how your injury could have affected that performance. The company doctor is supposed to know this information and act accordingly.

You most likely signed some agreement concerning this issue when you were hired on. Just go to personnel and ask. They will probably show you where you signed off on being required to see a company doctor.





GLP