Legal Question in Workers Comp in California
Injured Worker
What happens when you have an injured worker who sent to the doctor, evaluated and then released to return to work on a light duty basis. Then this injured worker goes to their personal doctor who examines them for the same reason and puts them on disability for two weeks? Can we let the employee know that she must return to work or risk being terminated? Our Workers Comp insurance has a Medical Provider Network and this other doctor is not in that MPN. Can employees just go to any doctor and get put off work if they wish? Shouldnt we be able to accept the first doctors evaluation?
1 Answer from Attorneys
Re: Injured Worker
A very interesting question. Here's the problem. The employer's doctor works for your comp carrier, not the employee. Therefore, it is the comp carrier�s doctor�s job to minimize the worker�s injuries. In this case, the worker was not satisfied with what the carriers doctor recommended, as usual, so the worker went to his/her own doctor for some sort of relief.
Do not terminate the employee or you can be sued for a 132(a) (Comp's version of a wrongful term claim), or, if the applicant's attorney is smart, they'll refer the employee to an employment lawyer for a wrongful termination lawsuit. The brass ring is usually larger that way.
With regards to whether or not the worker treats within the MPN, it's not your problem, let your carrier deal with those issues.
Good luck.
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