This is a judgment call. However, I generally advise clients to try the job per the IME doctor’s recommendations/restrictions (or lack thereof). If you at least try a job for even one day, it shows good faith in trying to work. Yet in some situations, if you are in too much pain, or risk additional injury by trying a job that’s too rigorous, it’s not worth the attempt. It’s a case by case analysis. There are many cases where the Independent Medical Doctor claims you can work with no restrictions, but the treating doctor (ie, your own doctor), says you can’t work at all, or you can work, but with restrictions. Again, generally speaking, it’s better to at least try the job- this way you can credibly look a Judge in the eye and tell him or her that you tried and confirmed that it was outside your abilities.
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If you have questions about your PA work comp situation, always feel free to call me for a complete and free analysis.
-Michael. W. Cardamone
Voted PA Super Lawyer Workers’ Compensation
or email me at Michael@cardamonelaw.com