Legal Question in Workers Comp in California

1. I am currently on modified duty at work and have a specific work schedule set by managers. I am told by another employee that management can't change my schedule (I want to keep it as is) while I am on modofied duty. Is this correct?

2. I have heard that a company can terminate you from work in California if you have been on modified duty for at least 1 full year. Is this true as well? What if you are off modified duty for a brief period (2-4 weeks) and then go back to modified duty, would that break the 1 full year policy?


Asked on 1/12/16, 8:06 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

The employer can provide any schedule for modified duty, sad to say; if the schedule cuts the hours or income, you must prove to the insurance adjuster what you earned before the modified job and what you earned after...then the adjuster only has to pay you 2/3 of the loss in income (completely unfair but that's the law). If the modified job is PERMANENTLY MODIFIED -- that is, you have been declared at Maximum Medical Improvement and the employer took the life-long work restrictions and built a new job around the PERMANENT restrictions-- and you signed the acceptance of that new modified position, then yes ... the employer only has to guarantee that new position is there for a year. Then when they axe you, you do not have an LC132a discrimination claim.

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Answered on 1/13/16, 9:48 am


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