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DSCNNCTD'S QWest EMPLOYEE BOARDContains "mature" content, but not necessarily adult.[email protected] 
  
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General : Don't get hurt out there or else  
     
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 Message 1 of 8 in Discussion 
From: poodoff  (Original Message)Sent: 11/27/2008 2:24 AM
I'm a C.O. tech recovering from a torn rotator cuff(shoulder) that i recieved busting my hump during an office power failure. I've been way ahead of schedule recovery-wise, spent only a few weeks off, came to work in a sling on light duty. As soon as i was rid of said sling i asked to be placed back into weekend rover rotation, and ever since have been doing all that's required in the office. The company seemed to think i was okay since they have scheduled me solo in a large suburban c.o. many times.
Well, got a call from Workmans Comp yesterday warning me that 180 days have elapsed and that apparently i am now considered permanantly restricted, PENDING A DECISION BY MY MANAGEMENT as to my fitness to do this job. They apparently have to power to either rescind the restricted status if my doctor(whom i'm scheduled to see next week one last time) lifts the minimal restrictions left, or, they can leave my status permanent, and require that i search for another job in the company..within 40 days!
This is all news to me..and i'm freakin out. Has anybody been through this? Any Ideas out there? I'm no spring chicken in a job market full of them..besides, IT'S JUST NOT RIGHT.


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 Message 2 of 8 in Discussion 
From: DownwithqSent: 11/27/2008 2:56 AM
You need to call the Health Benefit coordinator, talk to your local she should be able to help you get this mess straightened out

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 Message 3 of 8 in Discussion 
From: pnb is meSent: 11/27/2008 3:01 AM
Poodoff,
I don't know what state you work in, it will make a difference.  So take this as general info.  First of all, your doc had to release you for any type of duty, restricted or full.  When you say you got a call from Workers Comp, do you mean Sedgwick or the health management company Qwest has managing the healthcare you receive from your doctor and other care providers?  This is an important question.  Because Qwest is a self-insured company they get to manage their worker comp claims but they should be in accordance with the state funded claims.  Call your state's worker comp office and ask to speak to the self insured adjudicator.  Let them know what's going on.  If you are permanently restricted from doing certain work because you have a permanent partial disablility, you may receive a lump sum payment from Qwest/Sedgwick.  There are different rules for folks on workers comp vs. those who are on medical restrictions due to a non-work related illness/injury.  Your management doesn't do the physical capacity test.  This is performed usually by an independent medical examiner, either a doctor or a physical therapist.  Again, this is an independent exam.  If your doctor disagrees with the findings, you can appeal the decision.  Another source of help is to contact your state's AFL-CIO office.  They may have a person on staff who advocates for labor folks who have worker comp issues.  In Washington State it's called Project Help.  Most companies like it when folks come back to light duty while still recuperating as it lowers their costs and time loss reporting. First thing Monday, call your state worker comp folks and then your state fed worker comp staff.  I wish you the best of luck.  And don't forget to start filing the grievances that go along with this.  Every worker comp rule they break is grievable.

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(1 recommendation so far) Message 4 of 8 in Discussion 
From: MSN Nicknameluckaduck666Sent: 11/27/2008 4:28 AM
"I've been way ahead of schedule recovery-wise, spent only a few weeks off, came to work in a sling on light duty. As soon as i was rid of said sling i asked to be placed back into weekend rover rotation, and ever since have been doing all that's required in the office. The company seemed to think i was okay since they have scheduled me solo in a large suburban c.o. many times."


I see many things wrong with this statement.
When you say "came to work in a sling on light duty" was that 5 days a week?

You also say "As soon as i was rid of said sling i asked to be placed back into weekend rover rotation"
You asked? Or your Dr. approved you?

Because if you asked for these things, then of course the company seems
"to think i was okay since they have scheduled me solo in a large suburban c.o. many times."

I was out 3 times on a low back injury. By the third time I learned my lesson. I came back on light duty, 4 hours a day, 3 days a week, for 2 weeks. Then 6 hours a day for 4 days a week, for 2 weeks, then 6 hours a day for 5 days, for 1 week, then finally 8 hours a day for 2 weeks, on restricted duty. Before going full on back into the demand load.

The first two times I was out, I was on light duty, but way to quick management force fed me work as if I was on regular duty, as a result, my back got tweaked pretty bad, during the "recovery process".

I am now considered a "permanent partial disability". It in no way has affected my status in my job, or with the company. During my last situation, about 4 years ago, the company (or sedgwick) tried to appeal my status, but my workers comp lawyer held them at bay, and the procedures were handled properly.

You do have a workers compensation lawyer, don't you?



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(1 recommendation so far) Message 5 of 8 in Discussion 
From: MSN NicknameScotchLokerSent: 11/28/2008 2:32 AM
Poodof, I went through the same thing "torn rotator cuff" sent from cable splicing to "light duty" in the central office as a COT.  I never had surgery at that time and spent almost a year in the CO when they started to pull the 180 restriction thing on me as well, and said I was no longer "qualified" to do cable splicing OR cot.   Go figure.  Pronto!  I went back to my physician and had her release me with NO restrictions.  And, she had to RE-WRITE it three separate times before the company WOULD BACK OFF FROM DOING A JOB SEARCH.  I went back to cable splicing. Now, point in fact IS do you have a permanent disability that will come out when you see an IME?  That wouldl change things BUT IN WASHINGTON state the LAW says that "the company has to make reasonable accomodations" for you.  And, it sounds like they could do that if you were doing the job in the first place.  Look up the law for your state, and see if it says the same thing.   I think this is one rule that HAS TO BE CHALLENGED, the company uses it solely as a weapon to downgrade and get people to retire.........................Choices are go back to full duty or pull the reasonable accomodations on them and hire an attorney.   Don't freak out, just get smart and read up on state L&I laws and get you Doctor to back you up and you will be fine.    Trust me.

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 Message 6 of 8 in Discussion 
From: raiders84Sent: 11/28/2008 3:35 AM
The Collective Bargaining Agreement says the company must provide reasonable accommodations if you have a permanent medical restriction expected to, or in fact does, last more than 180 days. It really doesn't matter what state you work in. The problem becomes, what is reasonable? If you're able to do the job function, then that would certainly be reasonable.

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(1 recommendation so far) Message 7 of 8 in Discussion 
From: pnb is meSent: 11/28/2008 5:33 AM
What we need to remember is that the collective bargaining agreement can not errode state laws.  The contract can provide for more, but never take away what your state's labor laws mandate and protect.  Worker compensation, permanent partial disability, light duty, work hardening, permanent accomodations.... these are all things that are outlined in your state statutes.  Qwest is a self insured company, they pay the bills, but they have to pay them in accordance with state law.  They have to provide accomodation, light duty, work hardening in accordance with your state labor and industries folks and your physician/care providers.  Qwest would like to scare people back to work before they're healed enough to do the job.  Many times, folks end up reinjuring themselves, sometimes they end up worse off than the original injury.  In Washington State those work place accomodations, the tools, whatever are paid for by the state, not by Qwest.  So when you leave the job, they belong to you as they were bought by the state for your use.  I know this from personal experience. 
Work with your state fed's worker comp folks, call your state labor and industries folks who deal with self-insured companies.  Be completely honest with your doctor.  You should not have gone back to work before you were released by them to be able to do your job.  If they released you they should have given you a physical capacity test to determine what you could do until you were 100% healed and work hardened.  Sometimes we are our own worst enemies.  There is no loss of pay for Qwest employees on worker comp.  The difference between worker comp insurance and your wages is paid by Qwest every two weeks in your paycheck, it's STD.
 
If the company says that you are too hurt to do your job and you are not 'fixed and stable' (meaning you have reached your limit, you're not going to get any better with therapy, treatment and time=fixed and stable), then the company under state law, at least in Washington St.,  would be required to still pay your wages and for your care. They can deny you, but you can appeal their decision, I believe in Washington St. we just got benefits upon appeal, which means our benefits continue to be paid while there is an appeal.  I would also be contacting a worker comp lawyer.  Sedgwick recently went from on health services coordination company to another one.  It's been our experience that there is definitely a huge open in their communication, all the information is not being shared, decisions are made in a vaccuum or in the dark.    Best of luck.

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 Message 8 of 8 in Discussion 
From: ernie johnson yahSent: 12/19/2008 3:33 AM
Welcome to Qwest. They can do anything they want to you as long as they meet your restrictions and feel they have a need for you in your current positon. The next step is the LRAC and receive half ass training to be called a Screener while never fulfilling the said schedualed training because of therapy to get healed. Oh yes did I mention that while being in pain because of therapy and recovery that you can't even think straight and then they put you in an adverse climate of an internal room with 642 stripes on the walls and 8 other techs, 4 of whom are stewards, and ALL REPEAT OFFENDERS to Workers Comp.  This was done to cause all of us to return to work early to get out of  'the room'.... Be glad they let you stay in your work location. As long as they provide your wages under your current medical restrictions they can do what ever they want to you....... Stay under the radar and you may be fine....spirit of 'your a number get in line'....Welcome to qworst.... We take their wages and sell our souls to whom????

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