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I would think that if you look up Workmans Comp rules / Reg's you will find that they spell out just what the company has to do for the employee.Hoping for some input from members on the following: When agents are returning from an occupational (workers compensation) injury that required surgery (i.e. rotator cuff surgery) are they required to perform a Functional Capacity Examination (FCE), as ordered by the company, prior to returning to work? I'm trying to establish if this is a system wide consistently apllied requirement. Any input from fleet in other stations would be greatly appreciated. Thanks!
ograc
looking forwards to becoming American ...
Still nervous about senority and station closings thou ... we should find out in a few more weeks i hear ...
Mike33,I would think that if you look up Workmans Comp rules / Reg's you will find that they spell out just what the company has to do for the employee.
"Worker's Compensation, sometimes referred to as "Workman's Compensation" or "Worker's Comp", is the name given to a system of laws meant to protect injured workers. The goal is to make sure that somebody who is injured at work receives appropriate medical care, lost wages relating to the on-the-job injury, and, if necessary, retraining and rehabilitation, so as to be able to return to the workforce. When workers are killed on the job, members of the workers' families are ordinarily eligible for benefits."
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So i would say that it is signed off by the medical Doctors who rehabilitate you.
I'm sorry but I don't see anywhere in the contract where it reads employees are not allowed to return to limited duty post surgery. Maybe I'm missing something but what I'm reading in the contract states you may be offered 60 days of limited duty per injury.Based on what I have been told, you are correct. I also heard that employees are no longer permitted to return to work on light duty, so perhaps this is why they have to go thru the exam.
I'm sorry but I don't see anywhere in the contract where it reads employees are not allowed to return to limited duty post surgery. Maybe I'm missing something but what I'm reading in the contract states you may be offered 60 days of limited duty per injury.
ograc
Your interpretation is how many would read it. I interpret it may to mean an agreement between the parties that the company has the ability and right to assign you limited duty work, provided you are qualified for and the work does not exceed your restrictions. I've spoken with a member who was on the negotiating committee for the original CBA. Article 16 (Limited Duty) was negotiated into the original agreement and has remained unchanged through 2 BKs and the TA. The intent of the language was the company wanted the ability to get you off workers comp. as quickly as possible. This language was not intended to allow the company the sole discretion on when, or to whom, limited duty would be offered. This could be seen as agreeing to favoritism and discrimination would it not?"may" be offered is completely different from "will" be offered. Sounds like its up to the company and if they don't want to offer light duty, then they aren't obligated to. I would think that they would just want you to see one of their doctors to clear you prior to returning. Not sure if they expect the whole new hire physical test
Please let me know what you find out. Thanks!I know of someone who just went thru the process, and I will speak to them about it during the week.
Based on what I have been told, you are correct. I also heard that employees are no longer permitted to return to work on light duty, so perhaps this is why they have to go thru the exam.