Legal Question in Workers Comp in California

Yes of course an injured worker can use accrued vacation. You need to get off and phone and put the problem in writing in a letter addressed to both Risk Management and to Human Resources. If the adjuster paid you for the vacation days as LC4650 time, you can't use the vacation on those dates.... in other words you cannot collect vacation pay and temporary disability pay for the same date, and it sounds like the adjuster thinks that was what was about to happen. Start by checking the dates covered on the 4850 check and if the dates covered include the vacation date you will understand my you were told you cant use vacation time for those dates. Labor Code 132a states that a workers cannot be discriminated against just because he/she requested workers comp benefits, and if you can show you are being refused permission to use accrued vacation only because you requested workers comp benefits and no other reason, you can get an increase in 50% of your final Permanent Disability. but given you are getting 4850 pay for 5 of 7 days of each week, I suspect you have an adjuster just a little confused and not an act of 'discrimination'.