Legal Question in Workers Comp in California

Work Status reports are issued ONLY by licensed medical physicians, never employers.

BUT it sounds like your Treating Physician issued a Work Status report saying you are now capable of Desk Work, you are no longer Totally Temporarily Disabled.

If the Treating Physician did issue a PR-2 or a Work Status report stating "Desk Work Only" and Temporarily PARTIALLY disabled, then the employer can offer you desk work AND THE INSURER CUTS OFF YOUR TEMPORARY DISABILITY PAYMENTS.

ANSWER: NO THE EMPLOYER CANNOT FORCE YOU BACK TO WORK. Nobody can make you go to work. You can stay at home with zero income.

SMARTER: READ what the Treating Physician is writing to the adjuster and the employer. If your Treating Doctor is writing to the employer you are ready for desk work, THEN THE BAD GUY HERE IS THE DOCTOR not the employer.

Note; you can choose any (appropriate) Physician from the insurer's MPN, the Medical Provider Network.

If you've got a doctor ordering you to work too soon, IT'S TIME TO CHANGE TO A TREATING PHYSICIAN WHO YOU ARE CERTAIN WILL WRITE YOU MUST REMAIN OFF WORK COMPLETELY...writing you are 'Totaly TEmporarily Disabled'.

If the employer has a report in hand stating you are cleared for desk work and they don't make a desk work job for you and order you to stay home, the employer's insurance premiums go up.

It sounds as though the employer is just trying to follow YOUR doctor's written status orders.

You need to change your doctor to a doctor you will take you off work as long as you need to be off. Many insurance company doctors are biased toward the insurance company because they pay their bills not you. Feel free to call us at 213.388.7070 to discuss changing your doctor.