You'll have to determine the eligibility here based on the facts surrounding your claim. If you go here...(2) If, within 60 days of a disability becoming permanent and
stationary, an employer does not offer the injured employee regular
work, modified work, or alternative work, in the form and manner
prescribed by the administrative director, for a period of at least
12 months, each disability payment remaining to be paid to the
injured employee from the date of the end of the 60-day period shall
be paid in accordance with paragraph (1) and increased by 15 percent.
This paragraph shall not apply to an employer that employs fewer
than 50 employees.
What happened to, or how others were permitted to RTW after an industrial injury is not relative to your claim...eg their restricions could be completely different than your own...as well as other factors surrounding the claims. Never a good idea to base your actions on a comparision of another claim...there are TOO MANY variables, and/or issues that are not relative you what your actions may be.No one has ever heard of the employer NOT letting someone come back on modified duty. Thus the reason for the 132a.
My employers legal counsel keeps saying he's advising his client not to let me back to work for fear I will hurt myself again.
I have three doctors (two of which are AME's) that say I can return to my previous position with restrictions. No one has ever heard of the employer NOT letting someone come back on modified duty. Thus the reason for the 132a.
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