I received this question from one of my blog readers. The situation this person describes is, unfortunately, quite common:
I was injured at work over 7 months ago. I went to iworks and then went to my doc, Both docs have me on restrictions and 2 months ago the company had me go see another doc of there choice , with no records or anything he seen me for maybe 15 mins and sent a report saying i can go back to work.. So now my work informs me that even though Iworks and my back specialist says restrictions that I have to return to work back on the floor and ignore the restrictions. Iworks even says no patient transfers but my work says they don't care about Iworks i have to go back to my CNA job. So now what do i do?
Here are my thoughts: I am assuming by what you have written that you do not have a lawyer. It may be that the insurance company accepted your claim and paid temporary total disabiltiy benefits initially, which might have made you think that you did not need legal help. Setting aside the question of whether anyone with a serious injury should proceed without counsel, I think that the insurance company's decision to send you to one of their doctors should have been a red flag.
Insurance companies send you to so-called "independent medical examinations" so they can get evidence which they can use to cut you off. Obviously, the IME doctor's 15 minute exam without review of other records was not intended to do anything but cut you off, and while not every IME is this bogus, many are.
An experienced lawyer would most likely have recognized the IME doctor as a bought and paid for shill for the insurance company and would have argued for a more fair medical provider. At the same time, your lawyer would seek documentation from your treating physicians that their restrictions are valid. As soon as the return to work notice was issued your lawyer would have requested a hearing and, if you are in Georgia, could have used the claimant's IME to gather additional evidence to support your claim of disability.