Legal Question in Employment Law in California

Boss says can't go to therapy

My boss hurt herself at work. Workers Comp doctor told her she needs physical therapy twice aweek. Her boss however has told her she can only go to therapy after 5PM. She is a a salaried retail manager, works from 9AM thru 6Pm 5 days a week. Her boss is a texas native, is new to Calif. physical therapy office is ofcourse closed after 5pm. Any answers?


Asked on 4/28/08, 4:40 pm

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Boss says can't go to therapy

This is an improper conduct by the employer. Every employer has an affirmative obligation to engage in the interactive process with an employee who is injured/disabled or has a medical condition. Allowing an employee to leave to see a doctor is the least that the employee is entitled to, so the conduct is most likely illegal.

Thanks.

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Answered on 5/09/08, 5:41 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Boss says can't go to therapy

This type of conducts are actionable and improper. If these conducts continues, your boss should ask to be placed on partial temporary disability so he will be able to continue his treatment at company's time. Generally, when an injured worker is represented by an attorney, employers and claim adjusters are more careful how to treat the injured workers because their attorney would inform them of their rights. If you need representation, call us at 213.388.7070.

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Answered on 5/09/08, 7:26 pm


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