Legal Question in Workers Comp in California
If i went out on a cmp claim and came back to work am I entitled to all the duties i held before i went out? for example I was voluntarily on call a week at a time every month. Can they take that from me when I get back to work?
1 Answer from Attorneys
Labor Code 132a says its a crime to 'discriminate' against a worker for asking for comp benefits...
....which means if you can PROVE the 'on call a week at a time every month' loss was in direct relationship to the comp claim, you can get penalties and get that assignment restored.
That said, it is nearly impossible to prove the employer's state of mind.
If you have a memo or an e-mail or a fax or a couple of witness statements showing the employer took this step in direct response to your work injury, you need a lawyer to file a 132a Petition.
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