Legal Question in Workers Comp in California
if my doctor said on the eval sheet yhey fill out every time you go to workmans comp doctor. it says off duty until ortho eval. can they say i can go back to work under modified duty.my case worker called saying that my work wanted to know if i could do modified duty.but my work told me that they do not have modified duty.my work said that they would give modified duty if doc said so.i drive a big rig,have to unload tires by hand, roughly 35,000lbs some tires are in excess of 200lbs. injury has not got any better after chiro visits.doc says does not undestand why it is not getting better.
3 Answers from Attorneys
I do not see what your question is. Yes, you can be sent back to work if the physician says you can do light duty and there is work within that range of work restrictions. Chiropractors provide physical therapy with a good bedside manner. After a relatively few number of treatments, the maximum benefit of the therapy is over.
If your employer has no modified work available for you, then you still have to be on temporary disability benefit. I suggest that you inform your doctor that there is no modified duty available and request to be certified for temporary disability benefits. If the doctor refuses to do that change your treating doctor. Feel free to call us at 213.388.7070 for a free consultation.
If your employer cannot accommodate you during the treatment of your injury(ies), then you must be placed on temporary disability. If you would like a free consultation, please call me at 1.877.505.INJURY.
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