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  1. #1
    Join Date
    Sep 2012
    Posts
    26

    Default Light Duty Denial

    My question involves labor and employment law for the state of: TX. I believe I have selected the appropriate category. In a nut shell I was injured on the job 04/28/15 when a driver ran their red light and t-boned the ambulance I was driving. On the same day I was evaluated, given a prescription and withheld from work for 5 days(not sure if relevant but I was to start my standard 5 days off during the issued time). I was to go for a secondary check up on 05/04/15 and upon doing so I was released back to work with a texas workers compensation work status report stating " will allow the employee to return to work as of 05/04/15(date) with the restrictions identified in part III, which are expected to last through 05/13/2015(date). Listed restriction is section 16 "other restrictions (if any)": Must keep hand clean and dry.

    My employer has made the decision to go against this and have me back at full duty status effective tomorrow 05/08/2015 despite the orders. I guess what I am asking is can they do this and can they force me to return with threat of action against me. I am aware that they do not have to offer light duty, however I have available sick time and vacation hours more then capable of covering the time. I just want the absolute most beneficial healing time to my hand to prevent scaring.

    On a side note not sure if this is relevant, I was issued a burn cream that I can only apply every 12 hours. This is one of the reason the physician's assistant did this is. Putting on gloves no only removed the cream but also induces sweat with introduces bacteria as well as agitates the burn cream.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,334

    Default Re: Light Duty Denial

    The only restriction is to keep the hand clean and dry?

  3. #3
    Join Date
    Sep 2012
    Posts
    26

    Default Re: Light Duty Denial

    Yep, that's it.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,334

    Default Re: Light Duty Denial

    By your own admission, your doctor has released you to full duty on condition that you keep the hand clean and dry. I'm not sure where the problem is.

  5. #5
    Join Date
    Sep 2012
    Posts
    26

    Default Re: Light Duty Denial

    I was issued a burn cream that I can only apply every 12 hours. This is one of the reason the physician's assistant did this is. Putting on gloves not only removes the prescription cream but also induces sweat with introduces bacteria as well as agitates the sores. not to mention providing patient care I wash my hands after every call for pt care purposes as well as hygiene. I still have open sores on my hand. Since I can not exceed the doses of my prescription my job duties contradict my restrictions. Work won't issue light duty and has placed me on full duty

    - - - Updated - - -

    By the way I also specified I was released back to work with restrictive duty and listed the restriction, not full duty.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Light Duty Denial

    How many minutes does it take for the cream to absorb? How long are your shifts?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,334

    Default Re: Light Duty Denial

    FYI, there are no circumstances whatsoever under which the employer is required by law to provide light duty. I'm having a very hard time seeing the difference between full duty and a restricted duty where the only restriction is keeping the hand clean and dry.

  8. #8
    Join Date
    Sep 2012
    Posts
    26

    Default Re: Light Duty Denial

    FYI, I already stated that they are not required to offer light duty or did you not read my original post? Secondly should I assume you have absolutely no knowledge in the medical field or the understanding of wearing the proper ppe (personal protection equitment) such as gloves? I'm not exactly sure what troubles you are having of understanding since you have not elaborated.

    - - - Updated - - -

    Next as I have stated I am on restriction until 5/13/15 as I have stated above. Maybe you could explain some process I am unaware to applying my prescribed burn cream that I am unaware of. To my knowledge the gloves we use are work are made of synthetic latex which is not a breathable material. It is required by policy I wear them for ever patient contact. Since it is not a breathable material it enduces sweating and sweats out my prescribed burn cream.

    - - - Updated - - -

    This sweat can carry bacteria into my open sores that causes infection, so I wash my hands for hygienic reasons after wearing gloves as well as for pt care purposes and by company policy. Washing my hands washes off the prescribed burn cream. So since this is the process I have to go through, please elaborate on a method I would be able to follow to continue with my treatment ordered by the doctor.

    - - - Updated - - -

    Performing normal duty contraindicates my prescribed medicinal burn cream as well as restriction of keeping my hand clean and dry.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Light Duty Denial

    Quote Quoting SVT-Guy
    View Post
    To my knowledge the gloves we use are work are made of synthetic latex which is not a breathable material.
    They're probably nitrile and, if not, I expect that nitrile gloves are available on request; not that it makes much difference for purposes of breathability.

    In any event, you have not indicated that you have been unable to work things out (whether by taking vacation or through some other means) and things will be back to normal on Wednesday.

  10. #10
    Join Date
    Sep 2012
    Posts
    26

    Default Re: Light Duty Denial

    Mr Knowitall, due to using a mobile device it's not allowing me to use the proper reply option. The dr did not specify to me, I know I am suppose to apply it at about 1/16" in thickness it takes approximately 2 hours to dry. One early morning 911 is all it takes. My shifts are 12hrs long provided there isn't a high call volume and proper area coverage to allow for crew change, otherwise my shift is indefinite until then.

    - - - Updated - - -

    Also I tried to request that I use sick time or even vacation time, it was denied. I was instructed to return to work for full duty as of today.

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