Legal Question in Workers Comp in California

I am an administrative assistant. I work on the computer daily for 8 hours x 5x days. (minus 1 hour lunch). I got injured in June 2016. My employer was made aware. I seen my primary DR where I was diagnosed with tendonitis in my right arm. My employer gave me some paid time off; 1 week- half days, 1 week 6 hour days, and then back to full time. My keyboard was also adjusted.

I was still in some pain but manageable pain. In January 2017, I was in a great amount of pain, And now in both arms. I went to see my primary once again. I was told by my primary to file a workman�s comp claim so I can get physical therapy and a workstation evaluation. I filed that same day. January 17, 2017. I let my employer know that day that I had filed a claim. That same conversation after I told him I filed a claim, he told me he would be cutting my hours to part time and that I had until March 1st to either take the hour cut or find a new job.

After going to appointments 2-3 times a week for the injury, we (myself and my boss) had discussed (sometime towards the 3rd week of February) keeping my job hours the same until the medical issues were resolved. We mutually agreed that would be best since it would be hard to find a new job that would allow me to go to my appointments. Today I saw a letter that my boss is intending to give me. It is titled �settlement and release". In this letter he saying the position I am currently in, is dissolving. He will give me a 2 week pay check in lieu of (a) handing over building keys (b) maintain all confidentiality of company matters and (c) relinquishing all rights and claims against the company. My questions are (1) Do I sign this letter? (2) Is he allowed to do this with my ongoing workman's comp claim? (3) What can he do if I do not sign the letter? (4) If I sign this letter am I waiving my right to have a workman�s comp claim and unemployment?)


Asked on 3/06/17, 3:25 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

DON'T SIGN. And you know that or you wouldn't write your question! It is a Misdemeanor Crime to cut hours or fire a worker in retribution for requesting Workers Comp benefits. You get your old position back plus back wages when the Comp Judge finds the employer violated Labor Code 132a. You need an attorney specializing in 132a actions immediately, but be careful: many 'workers comp' attorneys only represent workers on the injury part and tell the worker to 'go find another lawyer' for the wrongful discrimination/132a portion, and you CANNOT AGREE TO THAT (the 132a petition and prosecution is twice for the work for 1/2 the fees to no one will take it). YOU ALSO NEED to find a workers comp doctor that will see you after (or before) work so you don't lose hours at appointments. The Comp Insurance carrier likely has a Medical Provider Network -- the MPN -- and you can pick ANY appropriate physician from that MPN, so phone several and find out which will see you before or after work hours and give written letters to the insurance adjuster that you chose a new MPN Physician and you must have that new MPN PHysician authorized immediately. SIGN NOTHING THE EMPLOYER GIVES YOU or you'll be out the 132a retinstatement money and your Unemployment Insurance. GET FIRED if that is the only alternative...you'll get State Disability while your attorney filed the 132a Petition against this jerk

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Answered on 3/06/17, 5:07 pm


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