Legal Question in Workers Comp in California
Employer signed off on doctor's report stating I am 10% permanent disabled after being involved in a vehicle accident. My doctor stated due to the injury I will require continued medical care for my back injury. I received financial compensation, but recently I was threatened by my employer with termination due to sick days taken. These sick days are utilized when I start to have back spasms that prevent me from walking, let alone work. Can they legally do that after acknowledging and agreeing with the doctor's report that I will need continued care or treatment?
1 Answer from Attorneys
Yes, you can be terminated for excessive absenteeism.
The treating physician did not write that you will need random days of total temporary disability at will.
The treating physician only wrote you would require treatment. Treatment is the employee's responsibility to complete on the employee's personal time, never on work time.
Unless and until the physician writes specifically you will require 2-3 days / month of temporary disability due to periodic flare-up of symptoms and then the employer agrees to accommodate this disability permitting you to miss 2-3 days/month, your attendance is required (yes even if your employer acknowledged you will require continued care).
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