[CA] Disability: What are my options?

[monkiesfly]

My doctor has filled out/ written proper forms for me to be off work due to sever back pain. My works' HR department sent me for an FCE (was advised i have to go or they will cut my benefits) and the results gave me a 31/50 score on Oswestry Low Back Pain Disability Index and recommended part time work with out further elaboration on it. After viewing the report my doctor filled out another form telling my work that I am unable to return to work and my options are basically surgery at this time.

Here is my problem: My health services contact is ignoring my doctor's advice, and going with the FCE's recommendation of 'part time' work. 'Part time' at my work place is defined as anywhere between 24 - 37 hours of work / week. Is there anything I can do about this ?

 

[David Baxter PhD]

Re: [CA] what are my options - Disability

What is an "FCE"?

 

[forgetmenot]

Re: [CA] what are my options - Disability

If you are part of a union you need to get them involved show them Doctors recommendations and let them fight for you to get you the best settlement or options Union will protect your rights.

 

[Retired]

Oswestry Low Back Pain Disability Index questionnaire attached, FYI

 

[monkiesfly]

David, FCE: functional capacity examination.
Steve: thanks, The physiotherapist that did the FCE (which was paid for by health services) has indicated in her report that my score is 62% - crippled.

Violet: I am part of a union, however my manager is advising that since i've been recommended for part time work by a physiotherapist that i should be able to work their definition of part-time ... as of today i was advised im scheduled for 37 hours (37.5 is full time) .
here is her recommendation:

Vocationally, MR. Monkiesfly stated that this primary job demand includes sitting for the majority of his work day. Based on his demonstrated abilities and his job demands as a ****Technician, it is unlikely that MR. Monkiesfly is currently capable of working full-time, however would likely be capable of part-time work. He would be most successful in a position where he has the ability to sit / stand on an as needed basis with an ergonomic set-up to minimize static posturing and encourage proper posturing and ergonomic principles.

Mr. Monkiesfly stated that he feels he could currently work from home on a full-time basis as he would have the opportunity to change positions and pace the work as needed. A second option he noted was that he felt he would be able to work 1 to 2 days per week with the remainder of his work hours spent working from home.
​

my biggest concern is:
-if im bullied back to work (as it is against my doctor's advice) and my condition worsens can I file a complaint against anyone involved? (health services, physiotherapist that they hired, or my direct manager) and if yes how should I go about it ? is there a department of labour relations in each city that deals with things like this ? I've tried searching on google and government of Canada's website regarding my issue however have not been very successful. (I did find this site though ... )

-does the Oswestry low back pain disability index mean anything to anyone ? Ie can I use this score to show that i am disabled at this time?

 

[Retired]

Have you gone back to your own doctor who made the intial recommendations?

Your own doctor should be able to provide you with insights and interpretation of the Oswestry Low Back Pain Disability Index . Furthermore, your doctor might be able to help advocate on your behalf, and if required, your doctor may even refer you to another physician for a second opinion to assist in making your case.

 

[monkiesfly]

Steve, Yes my doctor signed another document AFTER he reviewed the FCE results advising against returning to work. However, my manager advised that she doesn't care about that....

 

[Retired]

Does your Province have a Provincial Workers' Protection department where you can appeal for help? Most employers respect the recommendations of your own doctor, but if insurance compensation is involved, you might be required to be seen by the doctor representing the insurer.

In all these venues, there is usually some kind of appeal process available.

I am part of a union, however my manager is advising that since i've been recommended for part time work by a physiotherapist that i should be able to work their definition of part-time

Is this manager your employer or a union management person? If it's the employer, then why can't you seek the advice of your union?

 

[Retired]

For anyone interested:

Answers.com - What does a functional capacity evaluation test consist of

Also a Google search for functional capacity evaluation yields various results to define the test

 

[forgetmenot]

Workmen compensation board usually goes with what the doctor specifies not the place of work Is there a workmen comp person at you job that you can talk to and fight for you. The doctors recommendation needs to be followed because if you do become injured you can bring charges against the work place Get the doctor to call your work place and talk to management there.

 

[monkiesfly]

Steve, Im trying to get a read of them... this all came about fairly quickly sadly.
Violet, thanks that was basically what i was wondering.

cheers and thanks,

---------- Post added December 28th, 2010 at 11:21 AM ---------- Previous post was December 27th, 2010 at 01:47 PM ----------

so my union rep suggested that I contact the physiotherapist that did the FCE and ask her to clarify what part-time is ... but she is not answering. Her VM sys she is in the office, however i've tried leaving messages for her yesterday and today and no answer.
Im guessing she is not obligated to talk to me is that correct to assume?

 

[forgetmenot]

She is obligated to talk to you to clarify her position on what part time work is. If she does not come to the phone then go directly to her office with a union rep present with you so yu have back up okay. Do what it takes to get what the doctor deems best for you.

 

[wheelchairdemon]

Monkiesfly, I went through something similar to this and tried calling the Labour Board in Ontario. They said I was to go to my union, which didn't exist.

However, given the fact that that was their recommendation, I would suggest filling a grievence with your union. Also, because I saw some signs recently in a hospital about workplace bullying, harassment and violence, and how to avoid them, I looked up a few links for you. I'm not sure if there is anything in them that will help you or not. (I have not read them through in full)

Canadian Centre For Occupational Health and Safety: OSH Answers: Legislation
Workplace Violence & Harassment: Understanding the Law (Ontario): Workplace Violence and Harassment: Understanding the Law. | Ontario Ministry of Labour

The other thing that might help is to get some factual information about your specific condition and factually present the long-term implications of NOT taking the time off work. If your doctor says you're a candidate for surgery, then there could be some serious risks of not complying.

I hope this helps.