Legal Question in Workers Comp in California

That "39-month" remark typically refers to a school district, the 39-month rehire list is an Education Code item.

So your brilliant elected officials put in this remedy: object to the QME for not submitting the report within 60 days of the exam, and start the 4-month QME Process all over!!

If you are not being permitted to work, there appears to be a physician's report in the employer's hands indicating you have not been 'released' to every pre-injury duty.

One solution to attempt getting the job back is to have THAT physician -- not the QME but the physician who wrote to the district that there is some restriction preventing you from performing full duties, no restrictions -- to rewrite that you have fully recovered, you no longer have any temporary or permanent restrictions and you can and should perform all pre-injury work duties now.

Otherwise, you would be wise to apply for Unemployment Insurance and look for work right away, do NOT rely on Workers' Compensation laws to protect you, because there is nothing in the Labor Code protecting you.

It is written to make you a taxpayer again, not to help you recover or find work.

Feel free to call us at 213.388.7070 for a free consultation.