Hi to all, i injured my back in december last year and had all the scans and xrays but could not find anything wrong.
i started physio in august and to my delight have no back pain just the odd twinge, my place of work sent me for a medical last month and althou i have been discharged from the hospital physios my area manager sent me for another medical last week because i was much much better, my area manager is saying now that from the last ( 1st ) report says i was in a lot of pain and then the second is saying fully fit and this can,t be right to get fit in 7 sessions and home exersice, now they want to make me ill health retired, my question is is it possible to get fit in so many sessions of physio and home exersise.
7 treatments and 2 months is far from unreasonable, even given that chronicity.
I'd also say that it's no the area manager's job to question the opinion of the chosen expert; if he really does question that opinion, then the solution is obvious, get a 2nd opinion. If you truly are improved, then you'll still be improved for the next medical.
If the area manager insists on disbelieving the evidence, and pushes for ill health retirement, then I'd say you've got good grounds for a claim of constructive dismissal. Let's face it, who more likely to be called as an expert medical witness, an area manager or a Dr?
Have to agree with BIA. My manager tried something similar 6 years ago and was told in no uncertain terms by our occupational health doctor to back off!
I also have a back problem at the moment. After about 4 to 6 weeks the acute pain subsided and I believe this is very common. I do feel much better, but this doesn't however mean that the problem has been corrected. As much as it can take years of [sitting at a desk for example] to cause a back problem, it can take years to undo the damage.
Thanks all for the replies, my works manager is now saying that the area managers boss wants a full investigation, they think i was melingering, with working for the Post Office and they want to cut jobs i think its a golden oppotunity to get rid of me, but my union say they can,t ill health retire a fully fit person but they can if they think i have been melingering and try that way, the procedure is i see a R.M Dr and he tells me the company is considering making you I.H.R, he checks you over and sends a report to the area manager then he makes his disicion, i started my physio before i was sent a letter to go for the medical so i have not all of a sudden got this letter and made myself fit.
Me and my union rep read the report and the R.M Dr says i could not walk, sit,bend, drive and i had home help to get dressed and wash, i don,t know where he got all that from concidering i was doing physio and now the area manager and his boss are comparing both old and new reports the new one saying i am fit to return to full duties, all of a big headache for me because i,m a big worryer
Again, he can only claim malingering if he can back it up - and your first medical, (presumably done by a medical expert, not a beurocrat) says you were ill, then you were ill.
You could also presumably show case notes from the physio to demonstrate an improvement.
If malingering was suspected at the time, there are various tests we can use to check for it; if these weren't done, then you weren't considered malingering.
If he really thinks that physio is so ineffective, then he should look into why physios get paid money, and maybe do some research as to how they help people. As far as I can see, he hasn't got a leg to stand on.
Oh yeah, in this case, there would be a chance that the RM Dr's evidence would not be submissable, as a biased observer - a remote chance, but present.
Thanks again, my physio when he discharged me did me a detailed report of what i did in physio and that i was 100% fit and also my GP did me one also when he signed me off sick, i gave these to my manager to no avail up to now.