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work related issues - update


Guest pam

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I have a new boss, who for some reason seems unable to believe what my two previous managers have written on my file with regard to my aneurysms and what I should do and shouldnt do at work. Part of my job involved heavy lifting. I was told by my doctor to avoid heavy lifting whilst waiting for my aneurysm surgery (I had three unruptured aneurysms coiled) I still have another four aneurysms which are too small to treat and are being monitored. I dont want them to deteriote and therefore my two previous Managers have given me a role which does not involve heavy lifting and all has gone well. My new manager (possibly because I dont look as if there is anything wrong with me) seems unable to understand this, despite the fact my HR file contains details of all my previous hospital appointments and records from my previous managers. He is now insisting on a full company medical which is stressing me out but which I will attend, in the meantime I wondered if there was any material any where I could print off which mentions the avoidance of heavy lifting I havent been able to find any.

Thanks very much

Pam

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Hi Pam

Firstly, if you've been advised not to lift heavy weights, then you shouldn't. I doubt very much whether a company medical would determine that you shouldn't lift heavy weights without access to your medical records. It's not about whether you can, but whether you should.

I've had a dig around and found the following, which all mention avoiding lifting heavy weights, as it causes an increase in blood pressure which could lead to aneurysm rupture.

http://www.ohiohealth.com/bodymayo.cfm? ... l&ref=1385

http://avm.ucsf.edu/patient_info/WhatYouShouldKnow/

http://www.riversideonline.com/health_r ... S00582.cfm

http://www.cnn.com/HEALTH/library/DS/00582.html

Unfortunately, they are all US sites, but they may be what you are looking for.

Regards

Keith

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Pam, try not to let it stress you too much... Keith is right ....If your Doc has advised you against heavy lifting, then I don't know what difference a company medical would make ..... as Keith has said, it's not whether you can lift a heavy weight, but whether it would be detrimental to your health if you did .... I kind of think that your company wouldn't have a leg to stand on, if they tried to insist that you should do something that could be detrimental to your health ..... I would of thought that it would have come under your employer's "Duty of Care" to ensure that no task you carried out at work, posed a risk to your health...

http://www.direct.gov.uk/en/Employment/ ... DG_4016686

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Pam, good luck and there are various organisations that you can seek help from ...... such as ACAS, Citizens Advice Bureau and your own Union, if you belong to one ..... If he is the boss from hell, then I would definetly seek external advice ..... there are employment laws and employers do have to abide by them, if not, they're open to prosecution if they don't .... whatever you do, don't lift heavy loads when you've been advised against it..... at the end of the day, it's your health that matters and not somebody's ego or figures on a balance sheet ....keep strong ....

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Hi Karen

Thanks for your message of support, I have spoken to ACAS as well as my own Trade Union - their office is only a phone call away, but the stress of it all is getting to me. Anyway dont worry I wont risk my health by lifting anything heavy. Will keep you updated

pam

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Hi Pam

From a shop stewards point of view with the medical information and previous information regarding what jobs you cant or shouldnt do already been on your HR file it shouldnt be necessary for you to supply anything to prove you shouldnt lift. You have as an employee rehabilitation rights as in the company offering you lighter duties during your illness or recovery period however long that may be.

The company does have a right to send you for a medical but your HR file and medical information must be taken into consideration at this.

Your boss by asking you to lift when it is in your HR file that you shouldnt is breaking Health and Safety regulations because of the danger posed to your health.

The Disability Discrimination Act website has some very informative information click on the link Support while in work.

Its also worth knowing that if you have to take any time off for hospital or doctors appointments etc regarding your aneurysms you should be paid for the time off.

Hope you get this sorted really quickly, it can only be addig to your problems.

Marie XX

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Hi Marie

Thank you so much for your help and the information.

My file should contain details of all my medical appointments, copies of sick notes (sick notes I had when I had to go into hospital for my neurosurgeries and the recovery period) Return to work interview form (which gave details of what I could do and couldnt do at work - basically no heavy lifting), documented meetings with my Manager at the time - these were update meetings during the initial few months on my return to work to see how I was getting along. Copies of work appraisals etc etc, lots of documents. The next Manager I got was happy with what was written on file and didnt need anything else. No Manager has ever asked me for a supporting leter from my GP or Consultant, they simply asked me what I couldnt do and I told them what my doctors had told me. If they had required it, then I simply would have got my doctors to confirm it in writing.

My new Manager tells me that there are no details on my file of agreed working arrangements. I am now concerned that these documents are missing

(which would give reason for his requests for information) so I am about to go into work with a written request for access to my personal file, so that I can ascertain if these documents are missing and if they are I need to know why and where they are, the whole thing is really stressing me out.

Thanks again

pam

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Hi Pam-I was looking at your posts and feeling great empathy with your situation.

I was also trying to look at it as a manager -I have had a few medical issues with staff to deal with! Some very genuine and some doubtful.

You shouldn't be worried about going to your Occ Health people because they will probably have to consult your GP on the matter and may ask your permission to access your medical notes.

You have every reason to fully comply with their requests because your situation is 100% genuine!

I am sure that they will realise that a possible weakness plus excessive physical stress can equal a haemourrhage.

If I were in your position ,which I guess I was when I first went back to work, I complied knowing I was right and had my GP and specialist backing me up.

No one is likely to make up such a story and your employer has a duty of care to you as a valued employee.

They have to make reasonable adjustments -and no lifting is reasonable!

I am sure that they will be sensible and actually they will have to be very careful as to what they expect of you-Did you have a return to work Drs note-if so that should have stated no lifting or whatever other adjustments were necessary.

If you are concerned then I would go back to mt GP and let him know.

Anyway-it hasn't happened yet so maybe you are racing ahead with your thoughts??

Best wishes anyway-and try not to fret about it.

Andy P

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Hi Andy

Thanks very much for your reply and its very well explained.

The main problem is I dont know why I am going for the medical. I dont mind,going as I have nothing to hide and it probably could only help me but I would really like a reason to be given. My appraisals are good, my attendance good, and my time off work at the time of my surgery was 3 years ago and was two seperate 5 week periods for two seperate surgeries. I could have understood if this request had been made three years ago when I returned to work after the neurosurgeries but dont know why it is happening now.

Today I received a letter from my HR asking for my consent for access to my medical records. The reason they give is because I have been off work recently and they wish me a good recovery, well I was off two days in February with a flu type virus, and I hurt my knee in May and had to have three days off work, but that is all in the last year. The previous year I had one day off and I dont know what it is they are wishing me a good recovery from?

My new Manager of one week has only response this being he wants the best for me, and that there is nothing on my file when I know there is adequate information on my file, although I havent had access to my file

I am going to have a word with my GP about it and see what he says, ironically the stress of it all is likely to put me off work sick.

Thanks for you help

pam

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Hi Pam-that throws a slightly different slant on it.

I would ask what are your employers policies on being referred to OHU?

Ours are I think now 6 days in a year-although there is some degree of flexibility depending on circumstances.

From what you are saying you have not taken excessive sick leave.

I also think you may have a right to see your personal file for yourself?

I think I would still comply with the request-after all you have nothing to hide!

Have you a union to consult if you need to?

The issue is that your boss has to treat you fairly and not single you out for any different treatment to anyone else-so he had better be damn careful about what he is up to and why ...if he is overstepping the mark!

I would also make sure you document anything that is requested and any background conversation.

Yes-I agree that the stress of this can have an adverse effect and it could be percieved as a bullying approach if it is not clearly explained.

I would look carefully at your employers capability proceedures just to be sure what can and can't be done by them-I think it is worth explaining to your boss the effect it is having on you and see your GP too.

It may at the end be nothing to worry about but better to play on a level field from both sides.

I hope you get it sorted soon

Best wishes

Andy P

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  • 1 month later...

Thank you all for you help. A few months later I now have an update.

The situation at work continued to deteriote, not so much for me, but for others too, so I no longer felt alone. My HR department is busy sorting things out, they are also investigating the missing records from my file which detail my aneurysms/medical history.

However, another unfortunate medical development is probably going to help me regarding the required medical report on me. - I had been concerned that the recommendations for my health condition - treated and untreated aneurysms (no heavy lifting) were based on what I should not dorather than what I could not do and it would be hard for my employer to understand. ............ I have recently had some joint problems, fever tiredness etc and the results of blood tests got me referred to a Rheumatologist who this week confirmed Rheumatoid Arthritis. I am now on indefinate sick leave until it is sorted out (first sick leave in three years since my aneurysm surgery). When I do go back the recommendations about lifting from my Rheumatologist are going to be the same as for the aneurysms but of course now its what I cant do as well as what I shouldnt do which should make it a lot easier for them to understand.

I am finding it a bit difficult having to come to terms with this diagnosis, but feel sure I will cope, having had the experience of being diagnosed with aneurysms, it put me in a good position of being able to cope with other things that get thrown at you in life!.

Thanks again for all your support

pam

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Pam, I have kept out of this discussion until now as I am retired and therefore no longer at risk of any discrimination in the work place. However you and I have something in common since your diagnosis of arthritis. I have been an arthritic for many years ( the SAH came after the arthritis) but know that I could not or certainly should not, have done any heavy lifting at work. I know that your arthritis is Rheumatoid and mine was Osteo, but the constraint on lifting still applies! I am now involved in ascertaining whether the new and debilitating pain I am getting is Post Stroke Pain ( which is a known issue post SAH) it is additional to, and feels different from The Arthritis! Check it out by Googling, just to rule it out in your case, it would be worth it, although I expect yours is R.A. as you have had positive blood tests. I hope that during your absence from work your new manager can be retrained!! It looks as though that is what he/she needs,and the problem will have been resolved when you return :) Good Luck and keep us posted :)

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Thanks Perry

You have a very valid point re the pain. I have said all along I have two types of pain. The joint pain which became acute a few months ago which led to the blood tests and referal to a Rheumatologist which confirmed the RA is different to the tingling feeling and other pain I have experienced. Nothing has been done about this pain, in the past I have been referred to physio's etc. I think now that the general opinion is that they are all the same thing, but it does make me wonder. During my last aneurysm surgery (for unruptured aneurysms I did experience a blood clot in another artery in the brain, but it was retrieved during surgery - I was having endovascular treatment)

Thanks for your help

pam

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