Legal Question in Workers Comp in California

Can commute distance be restricted by a limited duty note?

Can commute distance be restricted by a limited duty note? For example, a fall occurs at work, and months later the treatment is not progressing because your 2 hour commute requires you to sit for an extended amount of time. Should providing a doctor's note, requiring you to a maximum drive time of 45-60 minutes, require the company to relocate you closer to home?


Asked on 10/24/06, 11:19 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Commutes

Generally commutes are not considered in the going and coming rule with respect to industrial injuries. If your primary physician provides a restriction against driving, and you must request an accommodation from the employer because of driving, my thought is that the employer will then be provided with the opportunity to lay you off. You have a work restriction prohibiting driving, yet you are driving to get to work. If you cannot drive, then you cannot work, thus you are temporarily disabled under the circumstances. Let us hope that your injury is pre 2004 which allows for more than 104 weeks of TTD, and the five year statute under 5410 has not passed to prohibit payment of TTD.

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Answered on 10/27/06, 10:30 pm


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