IHR OHAssist and DOM

[maninawood]

Having had heal/foot pain for the last 10 months and diagnosed as Plantar fasciitis from my GP FOR steroid injections and referrals to physio my DOM asked if I would like IHR and referred me to OHAssist

The report came back same day and says my condition is long term and criteria for IHR lump sum are met and because of my condition I would in the foreseeable future be incapable of carrying out my currant duties and other duties my employer would normal expect me to perform.

Before my OHAssist interview I was trying desperately to do my usual walking duty with 6 hour walk span. I con do this duty for about 2 days in a row before I have to cave and have to take time off to recover. I thought it was my duty! I'm ex forces! I'm off at present (Thursday) OH meeting last Monday. DOM called today asking when I would be back as I was down to cover a rural all the next week. I told him that if I was capable that I would.

Then my post arrived and the copy of OHAssist report to the DOM. It has stated that I would be capable of an alternative duty with the following adjustments which are light duties and sedentary work. Sedentary work is mostly sitting with 2 hours of standing/walking a day! My DOM was fobbing me off getting me to work full time knowing full well OH RECOMENDED light/sedentary work. Would I be within my rights to ask for few hours sorting each morning and refuse walking and rural duties? I just hate being conned.

As we are so short staffed at our office my rep has mentioned that my DOM will ask me to work the Christmas period and maybe stall the IHR process. Hence keeping me working. Again would there be any comeback if I JUST STICK WITH OHAssist decision? Sorry this is so long winded.

[spiderj]

Stick to what your gp and oh assist say

Your Dom ain't a doctor

If your Dom starts threatening etc then sit back and wait for the et to begin.

Being ex forces,would you follow the medics advice or (at the risk of causing offence)
What the under qualified lancejack says?

If your a candidate for ihr your Dom might be trying to see if you'll fold so that ihr doesn't have to be paid.
Just saying

See your rep asap.

[spiderj]

Oh and short answer is no

[IcanthelpthewayIam]

Your dom does not need to follow the oh assist report he can just put you on full duties if he want (that may a very silly thing for him to do but it is his choice) your option is to go back to work with what he offers or stay on sick leave, employers are under no obligations to follow doctors reports unless it's for a reasonable adjustment under a condition or injury covered by equalities act

[maninawood]

Stick to what your gp and oh assist say

Your Dom ain't a doctor

If your Dom starts threatening etc then sit back and wait for the et to begin.

Being ex forces,would you follow the medics advice or (at the risk of causing offence)
What the under qualified lancejack says?

If your a candidate for ihr your Dom might be trying to see if you'll fold so that ihr doesn't have to be paid.
Just saying

See your rep asap.

Thanks for the reply spiderj.
I've contacted area delivery rep with copy of OH report and he says its exact and to the point and IHR date should be forthcoming.

Contacted rep again re full time duties marked down for me next week (these were put up before OH came back with report) and asked if I should point attention to report which states I am only able to do light duties and sedentary work meaning 2 hours of standing / walking a day

Just waiting to see if it's easier to stay off sick and wait for end date, but first I would like Dom to acknowledge that IHR. Has been advised. He put me in for it with a smile on his face! I don't think he thought I would get it get the impression!

Thanks for your input again spiderj

[maninawood]

Your dom does not need to follow the oh assist report he can just put you on full duties if he want (that may a very silly thing for him to do but it is his choice) your option is to go back to work with what he offers or stay on sick leave, employers are under no obligations to follow doctors reports unless it's for a reasonable adjustment under a condition or injury covered by equalities act

In report
The employee would be capable of alternative duties with the following adjustments: light duties or sedentary work.

Also
In my opinion disregarding the effect of treatment Mr Posty would be considered as disabled. Under the equality act the condition this relates to is plantar faShiites.

Thanks for feedback zx135

[spiderj]

No worries mate,check my past posts for a rough guide,basically its your choice to go in or stay off,I took ihr after approx four ish months off.

Read all the procedures available including calculations etc

Forewarned is forearmed.

N good luck

[maninawood]

Thanks spiderj it's nearly like second guessing them all the time!

Is there time limit from time OH agree IHR to getting end date interview? My Dom is putting it off till mid next week!

[spiderj]

Can't remember offhand any limits,the basic premise is if you're FUBAR or not expected to recover in nine months then you'll be deemed to cost the business too much.

But if oh assist have put you forward for ihr,and your some trying to get you in on a duty,that would suggest the Dom might be trying to see if your being genuine.

Maybe I'm just being cynical though..

Take a trusted witness with you and take lots of notes.

I didn't,but then again I have represented myself in other areas with more consequences than royal mail.

Also do the sums to see what you will be due including unused annual leave ,pay in lieu etc.

I was almost spot on with my figure.

If you want to stay in the job youll have to prove you can either recover or redeploy.
Plantar can be managed but if you're ex forces youll have spent a lot of time walking,so cumulative damage will get worse over time.

[maninawood]

Can't remember offhand any limits,the basic premise is if you're FUBAR or not expected to recover in nine months then you'll be deemed to cost the business too much.

But if oh assist have put you forward for ihr,and your some trying to get you in on a duty,that would suggest the Dom might be trying to see if your being genuine.

to be fair the duties were up on the board before I had oh interview, but today I've fired off a text and a covering email re full delivery next week agreeing with oh and sedentary revised duty. Also I'm sure my Dom got a bollicking for putting IHR forward for me. Just got this feeling

Maybe I'm just being cynical though..

youve gotta be in this job, even though the banter and most of the guys are priceless. Will miss it!

Take a trusted witness with you and take lots of notes.

I didn't,but then again I have represented myself in other areas with more consequences than royal mail.

Also do the sums to see what you will be due including unused annual leave ,pay in lieu etc.

I was almost spot on with my figure.

If you want to stay in the job youll have to prove you can either recover or redeploy.
Plantar can be managed but if you're ex forces youll have spent a lot of time walking,so cumulative damage will get worse over time

36+12+Holliday pay owed and of course shares tax free. Sorted

[maninawood]

Received some good news. Dom emailed offer and end date and I finish Saturday! This was only after I had mailed that OH stressed that I was unfit for usual full duties but would come in and cover IPS untill end date! Job done!

Thanks for all help I've received from this forum.

Now I just want to fix myself and continue with my life

[motch]

Just wondered if a OHAssist can over rule the advice of a doctor? on regarding going back to work on light duties ?

[IcanthelpthewayIam]

Just wondered if a OHAssist can over rule the advice of a doctor? on regarding going back to work on light duties ?

the key word is advice, your doctor and oh assist are only giving advice, that advice can conflict but end of the day oh assist can make give their advice on a rehab plan which can completely go against your doctors advice.

[motch]

Thanks for reply. So I still have the option to refuse to come in on light duties if I choose too? and if I came in on light duties who is responsible if problems Flair's up whilst I'm currently signed off by doctor as not fit for work. As I will be going against doctors advise..?

[IcanthelpthewayIam]

Thanks for reply. So I still have the option to refuse to come in on light duties if I choose too? and if I came in on light duties who is responsible if problems Flair's up whilst I'm currently signed off by doctor as not fit for work. As I will be going against doctors advise..?

you could refuse but then RM could also stop your sick pay. If you injure yourself further whilst following oh assist recommendations s then you as long as you can prove them negligent then you may have a claim against them