Legal Question in Workers Comp in California

Can I lose my workers compensation benefits if I can't work the modified duty my doctor released me to? My employer has offered me modified duty.


Asked on 9/16/11, 7:16 am

3 Answers from Attorneys

Alison Gude, Attorney Law Office of Alison J. Gude

You may lose your temporary disability benefits, and your job, for that matter. When a doctor puts you on modified work, and your employer offers modified work, you must try to work. If you are in pain while performing your duties, tell your supervisor and then call your doctor and let him/her know what is happening. Put everything in writing regarding what is causing you pain and why you are unable to perform modified duties. If your doctor is not supportive, you do have the right to change doctors.

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Answered on 9/16/11, 9:38 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You will not be entitled to temporary disability benefits if you go back to modified duty work. However, you are still entitled to a settlement for permanent disability. Feel free to us at 213.388.7070 for a free consultation.

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Answered on 9/16/11, 10:22 am
Anthony Telleria Telleria,Telleria,& Levy, LLP

I would suggest discussing your issues with your doctor explaining why you are unable to perform the duties necessary. Most of the time the doctor will understand and put you on further work restrictions. If he continues with the modified duty claim that is where your attorney should step in. You can change PTP's at any time. If you do not have representation please contact our office at (62) 585-0017.

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Answered on 9/20/11, 10:01 am


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