Legal Question in Workers Comp in California
Compensation while on worker's comp leave
It's my understanding that when an employee is recovering from a work injury corrective surgery, an employer must either allow regular vacation to accrue and keep the employee on the company insurance, or the worker's comp insurance carrier must include these in the total compensation basis for figuring the 2/3 of compensation for as long as the employee is deemed unable to work by the doctor. If this is correct, and the company is refusing to do the former and the insurance carrier is refusing to do the latter, what binding information can I present that will force someone's hand?
1 Answer from Attorneys
Re: Compensation while on worker's comp leave
Very rarely is vacation time calcualted into any assessment of Temporary disability. Likewise for medical benefits. Howevefr, that is not to say you cannot make such an argument.
Try Herlick 6th Ed.
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