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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 View All Messages
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(1 recommendation so far) Message 7 of 8 in Discussion 
From: pnb is me  in response to Message 6Sent: 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.