State of Illinois
While attempting to return to work from a work related injury I was given steps to follow from my employer which is a city municipality.
First, my employer instructed me to settle my workers compensation claim. Second, my employer said I had to obtain a full release to duty from my treating physician. I was told my employer is not putting anyone back to work with any kind of restrictions or modifications. Third, I was instructed by my employer to bring the release directly to the personnel department so my return could be processed.
I followed the employer steps exactly and after delivering my full release to duty I received from my treating physician who performed all my surgery and has treated me from the beginning, I was told they would be in touch with me in a couple days.
I phoned a couple times then visited the office again 2 weeks later inquiring about my return to work date and was informed by the department that the Personnel Manager said there was language in my Workers compensation settlement that prohibited me from returning to work and that they could not talk to me about it. I would have to have my WC attorney look into it.
My attorney informed me that there is nothing in the settlement that states that and we settled for much less because they knew I was going back to work.
I called my union and they attempted to intervene without success. They then filed a Grievance citing violations of the Collective Bargaining Agreement “CBA” clause dealing with employees returning from duty disability. The employer ignored all the steps of the Grievance procedure by the union which took a year. With no success to report the union filed for arbitration on the matter.
The employer had the arbitration hearing continued several times and before the hearing actually began sent a letter to my union attorney threatening to sue me for filing a fraudulent workers compensation claim. They said if I show up at arbitration I will be sued.
The arbitrator’s powers and limitations are clearly defined in the CBA. The employer used the arbitration hearing to essentially re-try my workers compensation case and admitted being in violation of the CBA and the duty disability clause in their opening statement. They said under the management rights clause in the CBA they are granted the right to question my disability and do not accept the release I provided from my doctor. They placed into record my dated medical records from over 10 years ago as evidence that I cannot perform my job.
The arbitrator began processing the entire arbitration not on the employer admitting they are in violation of the CBA being arbitrated but instead by supporting the employer’s position that the management right clause gave them the right to violate the discrimination clause contained in the CBA directly below the management rights clause. Also directly in violation of another clause that states nothing in this agreement can violate the employees rights granted under the ADA and other Federal Employment Laws.
The arbitrator’s decision was that the employer had a right to question my health and ability based on medical records over 10 years old however said he did not agree that my doctor’s release to full duty should have been disregarded completely by the employer.
The arbitrator said I am not entitled to any back pay for the 2 years I have been waiting to return to work and to settle the matter of being physically able to perform the job duties the employer must schedule an FCE and the results of the FCE will determine if I will be reinstated. The arbitrator further stated that I must pass the FCE at full duty status because that is the level he said my physician said I should be at.
The arbitrator further stated the employer shall design the requirements of the FCE and that my treating physician will not be allowed to perform the FCE or IME. The employer will choose where I am to go for the test.
So 100 days later I receive an email from my union attorney stating that my FCE is scheduled. The instructions in the employer email state that I must submit to an evaluation by a Physical Therapist prior to the FCE. Then I must submit to a physical examination by a doctor. Then I must fill out paperwork detailing injuries I have recovered from then submit to the FCE designed by my employer. Following the FCE I will be examined again for an Independent Medical Evaluation by the same doctor who examined me prior to the FCE who will receive the results from the FCE and render an IME opinion.
The employer states the opinion of the doctor performing the FCE will determine if I go back to work or not.
The arbitrator did order an IME and did not say a subjective opinion of a paid doctor will determine my return to work.
My union is just telling me to show up and take the test. They are refusing to appeal the arbitration because the CBA and employment laws were trampled on during the entire process and the arbitrator overstepped his authority by adding requirements to the process that are not contained in the CBA and ignoring other clauses contained in the CBA to protect me from such actions. The arbitrator’s decision gave great deference to the employer and nothing to me other than the chance to have my fate decided by the FCE test results. Now the employer is stating my fate is in the hands of an IME decision.
I have asked the union to file a challenge before the arbitrator to the employer changing the decision by stating the IME doctor will decide and they refuse.
If I pass the FCE and receive an IME report that says I should not return to work what other options do I have?
Is there anything else I can do if I pass the FCE but the IME says not to employ me? Is there a place that I can seek help from that will enforce the provisions in the CBA which clearly state I should have returned to work already with my doctors release?
Getting really stressed out and appreciate any help.
While attempting to return to work from a work related injury I was given steps to follow from my employer which is a city municipality.
First, my employer instructed me to settle my workers compensation claim. Second, my employer said I had to obtain a full release to duty from my treating physician. I was told my employer is not putting anyone back to work with any kind of restrictions or modifications. Third, I was instructed by my employer to bring the release directly to the personnel department so my return could be processed.
I followed the employer steps exactly and after delivering my full release to duty I received from my treating physician who performed all my surgery and has treated me from the beginning, I was told they would be in touch with me in a couple days.
I phoned a couple times then visited the office again 2 weeks later inquiring about my return to work date and was informed by the department that the Personnel Manager said there was language in my Workers compensation settlement that prohibited me from returning to work and that they could not talk to me about it. I would have to have my WC attorney look into it.
My attorney informed me that there is nothing in the settlement that states that and we settled for much less because they knew I was going back to work.
I called my union and they attempted to intervene without success. They then filed a Grievance citing violations of the Collective Bargaining Agreement “CBA” clause dealing with employees returning from duty disability. The employer ignored all the steps of the Grievance procedure by the union which took a year. With no success to report the union filed for arbitration on the matter.
The employer had the arbitration hearing continued several times and before the hearing actually began sent a letter to my union attorney threatening to sue me for filing a fraudulent workers compensation claim. They said if I show up at arbitration I will be sued.
The arbitrator’s powers and limitations are clearly defined in the CBA. The employer used the arbitration hearing to essentially re-try my workers compensation case and admitted being in violation of the CBA and the duty disability clause in their opening statement. They said under the management rights clause in the CBA they are granted the right to question my disability and do not accept the release I provided from my doctor. They placed into record my dated medical records from over 10 years ago as evidence that I cannot perform my job.
The arbitrator began processing the entire arbitration not on the employer admitting they are in violation of the CBA being arbitrated but instead by supporting the employer’s position that the management right clause gave them the right to violate the discrimination clause contained in the CBA directly below the management rights clause. Also directly in violation of another clause that states nothing in this agreement can violate the employees rights granted under the ADA and other Federal Employment Laws.
The arbitrator’s decision was that the employer had a right to question my health and ability based on medical records over 10 years old however said he did not agree that my doctor’s release to full duty should have been disregarded completely by the employer.
The arbitrator said I am not entitled to any back pay for the 2 years I have been waiting to return to work and to settle the matter of being physically able to perform the job duties the employer must schedule an FCE and the results of the FCE will determine if I will be reinstated. The arbitrator further stated that I must pass the FCE at full duty status because that is the level he said my physician said I should be at.
The arbitrator further stated the employer shall design the requirements of the FCE and that my treating physician will not be allowed to perform the FCE or IME. The employer will choose where I am to go for the test.
So 100 days later I receive an email from my union attorney stating that my FCE is scheduled. The instructions in the employer email state that I must submit to an evaluation by a Physical Therapist prior to the FCE. Then I must submit to a physical examination by a doctor. Then I must fill out paperwork detailing injuries I have recovered from then submit to the FCE designed by my employer. Following the FCE I will be examined again for an Independent Medical Evaluation by the same doctor who examined me prior to the FCE who will receive the results from the FCE and render an IME opinion.
The employer states the opinion of the doctor performing the FCE will determine if I go back to work or not.
The arbitrator did order an IME and did not say a subjective opinion of a paid doctor will determine my return to work.
My union is just telling me to show up and take the test. They are refusing to appeal the arbitration because the CBA and employment laws were trampled on during the entire process and the arbitrator overstepped his authority by adding requirements to the process that are not contained in the CBA and ignoring other clauses contained in the CBA to protect me from such actions. The arbitrator’s decision gave great deference to the employer and nothing to me other than the chance to have my fate decided by the FCE test results. Now the employer is stating my fate is in the hands of an IME decision.
I have asked the union to file a challenge before the arbitrator to the employer changing the decision by stating the IME doctor will decide and they refuse.
If I pass the FCE and receive an IME report that says I should not return to work what other options do I have?
Is there anything else I can do if I pass the FCE but the IME says not to employ me? Is there a place that I can seek help from that will enforce the provisions in the CBA which clearly state I should have returned to work already with my doctors release?
Getting really stressed out and appreciate any help.
