Montana workers’ comp — modified duty, disputed work status, and medical restrictions question
I’m currently dealing with an active workers’ compensation claim from an injury that happened at work. I’m trying to keep this vague because I don’t want to identify my employer, attorney, medical providers, or anyone involved.
After my work injury, I was placed on medical restrictions and offered modified/light-duty work. The modified duty has mostly involved cleaning company vehicles and other tasks within restrictions. There has been ongoing confusion/disagreement about whether the modified duty being offered actually matches my restrictions and whether I accepted or declined certain modified-duty paperwork.
At one point, I was told I could not return to work unless I accepted or declined a modified-duty offer/paperwork. I have been concerned that my employer may be characterizing the situation as me refusing modified duty, even though my position is that I have been trying to follow my restrictions and keep communication documented.
There have also been issues with wage-loss benefits/payments being stopped or delayed, and I’m trying to understand how that usually gets sorted out when there is a dispute over modified duty, restrictions, or whether an employee “refused” work.
Separately, a planned workers’ comp-related surgery was delayed because I had dental infections that needed to be addressed first. I’ve had to miss work for dental treatment related to getting medically cleared for surgery, and my employer has been treating those absences under the normal attendance/PTO policy. I’m not sure how that interacts with an active workers’ comp claim when the dental treatment is part of getting cleared for the injury-related surgery.
I do have legal representation, and my attorney is waiting on the claim file from the insurance adjuster before fully advising me. I’m not asking anyone to tell me exactly what to do legally — I’m mainly trying to understand the general process.
My questions are:
In Montana workers’ comp, what usually happens when the employer says modified duty was offered/refused, but the injured worker disputes that?
What kind of documentation is most important to keep when there are disputes about restrictions, modified duty, attendance, and wage-loss benefits?
If dental work is delaying a workers’ comp surgery because doctors require it before surgery, does that usually matter in the workers’ comp process?
Is it normal for benefits to stop or pause while the insurer/employer claims the worker refused modified duty?
Is there anything I should avoid doing or saying publicly while my attorney is still waiting for the full claim file?
I’m mostly looking for general experience or process information from people familiar with Montana workers’ comp.