Legal Question in Disability Law in California

Limited duty

I was recently hired by a bar as a Bartender which is what I have pretty much done my whole adult life. I was injured working at a former job back in February of this year and have since been undergoing treatment for said injury. I am allowed to work limited duty, but their Workman's comp insurance is tripping out. this is the third bar that has done this to me since my injury. Will I ever be allowed to work again?! My limitations are small. No lifting over ten pounds. That is it. What is the big deal?! I have agreed to sign any waivers that may exist. Please help me.


Asked on 11/06/06, 9:16 pm

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Re: Limited duty

More information may be necessary to evaluate any claim you might have but generally, an employer is permitted to ask whether you can perform the essential funcitons of the job with or without any reasonable accomodations. If that is true, you can answer YES. Prior to making an offer of employment, an employer is not permitted to ask about specific accomodation needs. A lifting restriction is an accomodation and may be reasonable for some businesses and not reasonable for others. A bar staffed by a single bar tender may not have an assistant to change kegs, fill ice buckets or stock cold boxes. A large corporate operation may have the staff to assist with these functions. Waivers are not available here as you cannot waive your right to file a workers' comp claim.

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Answered on 11/20/06, 7:01 pm


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