Legal Question in Workers Comp in California

Employer is sending me before an attendance review board

My employer is sending me before an attendance review board. I was injured in Feb. 2008. I worked a few months on modified duty, 4 hours a day. I then went back to full duty for 2 months. During this time the company began denying all medical treatment and I had a relapse causing me to take 1 full month off. I have now been back at work on modified duty since Oct. and they are again deny medical treament.

I have spoken with a friend who has gone through this and she says that I need to be put on total temporary disability until I can return to work full time because they are starting the process of firing me. If they fire me while I am working 4 hours a day there is nothing I can do, but if they fire me while I am on total temporary disability I can retain a lawyer and sue them. Does this sound correct to you?


Asked on 1/07/09, 2:08 pm

2 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Employer is sending me before an attendance review board

Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 1/08/09, 5:46 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Employer is sending me before an attendance review board

You can get attorney to represent you whether you were terminated or not. If you get terminated then your attorney can request for a petition under Labor code 132(a) for penalty. Call us at 213.388.7070 for a free consultation about your case.

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Answered on 1/08/09, 8:19 pm


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