866 OTP Law1 (Toll Free)
866-687-5291

Practice Areas

Firm News

view all

Library

Workers' Compensation

view all

Testimonials

"I wanted expert legal advice and I certainly got it!"

"Oxner Thomas Permar has a well-known reputation for fighting fair and winning cases.  We were well-prepared by our attorney, and we were given thorough guidance and options."

"I think of everyone involved on my case at OTP as friends.  You all always had a warm greeting  and a smile for me and you took a big interest in my case."

"Without my attorney's help, I would have been hung out to dry.  He looked out for me!"

"I could not be more pleased with the outcome of my case!  Amy Berry and Amy Gallimore are great communicators.  They are super friendly and professional."

"Everyone on the team was really personable and professional."

"Count me as 100% satisfied.  Kristin Packard is superb and Shelby Duncan is outstanding."

"The quick response and action by Justin Wraight when my case came to a critical point was impressive."

"I didn't have to deal with a bunch of legal jargon.  You explained it all to me so I could understand what was going on, and I appreciate that."

"Everybody was totally straight forward with me.  I didn't feel like I was just paperwork to them."

more

Blog Category:

Workers' Compensation

3/9/2010
Todd P. Oxner
Comments (2)

Key Risk + Company Doctor + Light Duty Job = Disaster

I'd like to be able to say this didn't happen all the time. But I cannot do that because it does. Here are the basic facts:
  • Our client, an animal control officer hurt his back on the job
  • The initial treating physician took him out of work
  • The Key Risk adjuster picked another doctor
  • The new doctor returned him to work on light duty
  • The injured worker returned to work on light duty
  • The adjuster filed a Form 28T and stopped his checks
  • The employer fired him for "lack of organization" which had allegedly been cleared prior to the injury.

Does this happen every time Key Risk or other insurance companies return people to light duty work? No. But it happens a lot. And in most cases, like this one, it takes several months -- and sometimes over a year -- for the Industrial Commission to turn the checks back on again.

Click the link on the title to read the full story.

Bookmark and Share


2 Comments to "Key Risk + Company Doctor + Light Duty Job = Disaster"

The employer can be liable for a retaliatory discharge. The insurance company is liable for retroactive workers' comp benefits. The problem is that it takes so long to get any relief either from the Industrial Commission or the Department of Labor that we've seen people lose their cars, houses, and sometimes marriages due to the financial strain.

That's why we are very very cautious about clients returning to work until they are truly whole-bodied.
Posted by Todd Oxner on March 24, 2010 at 03:28 PM
In cases like this are companies held for back payments and can they be taken to court for these actions?
Posted by Workers Compensation on March 24, 2010 at 01:42 PM

Post a comment

Post a Comment to "Key Risk + Company Doctor + Light Duty Job = Disaster"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Website:

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]

Free Answers

Offices

OTP - Greensboro
1155 Revolution Mill Drive,
Studio 4
Greensboro, NC 27405
Phone: 336-274-4494
Fax: 336-271-6769
Toll Free: 1-866-OTP-Law1

OTP - Winston-Salem
110 Oakwood Drive, Suite 420
Winston-Salem, NC 27103
Phone: 336-274-4494
Fax: 336-631-5225
Toll Free: 1-866-OTP-Law1

OTP - Burlington
409 Alamance Road, Suite C
Burlington, NC 27215
Phone: 336-226-5925
Fax: 336-226-4492
Toll Free: 1-866-OTP-Law1

OTP - Asheboro
904 South Cox Street
Asheboro, NC 27203
Phone: 336-633-4496
Fax: 336-633-3394
Toll Free: 1-866-OTP-Law1

OTP - Raleigh
3700 Glenwood Avenue, Suite 350
Raleigh, NC 27612
Phone: 919-573-5241
Fax: 919-785-2239
Toll Free: 1-866-OTP-Law1

OTP - Fayetteville
4200 Morganton Road, Suite 200-11
Fayetteville, NC 28314
Phone: 910-764-3363
Fax: 910-764-3364
Toll Free: 1-866-OTP-Law1

OTP - Charlotte
550 S. Caldwell Street, Suite 1800,
Charlotte, NC 28202
Phone: 704-547-1617
Fax: 704-574-1819
Toll Free: 1-866-OTP-Law1

OTP - Hickory
101 Government Avenue SW
Hickory, NC 28601
Phone: 828-322-1271
Fax: 828-322-1643
Toll Free: 1-866-OTP-Law1

OTP - Wilmington
1213 Culbreth Drive,
Wilmington, NC 28405
Phone: 910-509-7274
Toll Free: 1-866-OTP-Law1

FAQs

Workers' Compensation

What's the definition of Average Weekly Wage?

What's medical compensation?

more

Case Studies

Workers' Compensation

What Can Go Wrong with a Return to Light Duty Work.

How a Functional Capacities Evaluation Can Wreck a Claim.

An Example of a Workers' Comp Adjuster Manipulating the Recorded Statement.

more