Legal Question in Workers Comp in California

When an Injured Worker is refused Modified Duty, the employer's Workers Compensation Insurance Carrier is to provide Temporary Total Disability Indemnity payments.

These payments are two-thirds your average weekly wage. So NO, you don't sue for lost wages, you file an Application with the Workers Compensation Appeals Board and then a Declaration of Readiness to Proceed to Expedited Hearing, and ask the WCAB Judge to order the Insurer to pay you Temporary Total Disability payments for each day you couldn't work because the supervisor sent you home and wouldn't let you work any modified duty assignment.

First WRITE the comp insurer and demand the adjuster pay you TTD for each day the supervisor refused to provide modified duties. If you typically earned $900/week before taxes, you ask the adjuster to pay you $600/week as Temp. Disability payments.