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trying to be forced out

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dmsann

Junior Member
What is the name of your state?Texas
Injured myself August 9, 2003. Wrenched my back could not straighten up for several days. Light duty was offered, however no bfoe was given to me at the time nor since. have had 2 epidural injections on L3-L4, L4-L5, L5-S1 with little effect. had 1facet injection with 70% relief. Have had 2 MRI revealing DDD, slight tear in disc L5-S1 and facet damage. Have been under many different restrictions by my attending physician have had 2 mmi reviews by TML appointed physician both stating Iam not at MMI. Recently, due to the cold weather, my treating doctor increased my restrictions, as I work outside and go through alot of bouncing around while doing my outside job. He stated that the outside work was at my discretion, as I knew best what I could and couldn't do. he used the word avoid in his statement regarding my outside limitations. Was going to speak to my supervisor about the exclusion, but bad weather came, I was not at work for a few days and I forgot and the report was never brought up to me. My last visit , the doctor put me on the same restrictions as previous report, I did not get to explain the restrictions to any one at work when I got in. I was then approached by my department head to come into the office for a meeting with him. At that time he said I was being taken off work and he said he needed all my shop keys. He stated I was being a strain on the operation, that I shouldn,t worry about my job and that my main objective should be to get my health back. I questioned him about this decision and all he kept saying was if I had any questions to talk to personnel or the insurance department. I left and then had a meeting with the personne manager and insurance manager. they stated I was being taken off light duty because my department head determined that there was no light duty available for my restrictions. They also stated that after my FMLA ran out in 11 weeks, I could be replaced.I asked them about the outside restrictions stating to avoid them, and I said that meant as much as possible. There reply was that avoid to them meant never.I am receiving a facet injection Wednesday and if this relieves some of the pain, will later have a rhizotomy performed. This all may be a moot point, but if this does not work, I could be out of a job by the end of March. Can I bring up the fact that I was never given a bfoe so I did not know my light duty functions, so how can they now say they have no light duty functions available for my restrictions.
 


Maze

Junior Member
Trying to be forced out - not really

"Can I bring up the fact that I was never given a bfoe so I did not know my light duty functions, so how can they now say they have no light duty functions available for my restrictions." Dsmann, the BFOE would be an issue if your employer stated they had offered you a light-duty assignment and you did not accept the assignment. The BFOE would be the only acceptable proof that a valid offer had been extended. At this time, your employer is stating they no longer have a light-duty assignment available. They do not have to provide a light-duty assignment for an indefinite period of time. (You state you were injured in August 2003 and have been on light-duty since then. Many employers cap light-duty at 90 to 180 days).

Your doctor should be completing a TWCC-73 after each doctor's visit and submitting the form to the insurance carrier. The form will have your current restrictions. The insurance carrier can provide the form to your employer so that they also know your current restrictions.

"They also stated that after my FMLA ran out in 11 weeks, I could be replaced." That is correct. Once your FMLA runs out, your employer can replace you. You actually get 12 weeks of FMLA so it appears you must have used 1 week in the previous 12 months.
 

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