stewshe@comcast.net
Senior Member
Posts: 1381
Joined: Jun 2002
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Thursday March 09, 2006 6:13 AM
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Katalinarose,
You might file an RU-105, request for Termination. The RU-101 is used for change of address or of a party. It is seldom used now since the same info is in the heading of the RU-105 or RU-103 if there is a dispute.
Yes, the EE could request more services, but on the facts you have submitted would probably not be awarded any.
Things which might tip the scales in the EE's favor might be if the mod/alt work offered was not physically appropriate, or if it initially was and then was changed, e.g., to require more repetative lifting, bending, stooping, etc. Other possibilities might be a reduction in working hours so wages were no longer within 85%, or if the job site was changed so work was only being offered at a much longer commute from the EE's home.
Basically, it will boil down to whether or not suitable gainful employment was really being offered and did the EE leave for more attractive employment, or was the EE in effect forced to leave? Many times CAs are unaware of what the ER is doing, and, believe it or not, some ERs try to get the EE to exceed the work restrictions so they can somehow prove they shouldn't exist.
I have never understood the thought process. From the fact a doctor says someone SHOULD not do something, it simply does not follow that if the person is ordered to do it and they do and they do not get hurt that one time, the restriction should somehow be lifted or reduced. Often new injuries occur in these cases.
Good luck!
P.S. You might try a C&R and include as one of the things released, prospective VR, or do a separate RU-122 for a relatively nominal amount...if you are sure of the facts of the job the EE left.
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Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.
7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)
Prices INCLUDE sales tax, and shipping.
James T. Stewart; 1937 Santa Ana; Clovis, CA 93611
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