Legal Question in Workers Comp in California

Modified Duty

My husband fell at work several months ago and injured his knee. He is on modified duty - limited walking, limited standing and no climbing stairs. However, he works in retail and his manager is not making accomodations to meet the modified duty requirements (he is an assistant manager and spends at least 2/3 of his time walking and standing). He is also scheduled, at least once a week, for back to back shifts (closing at 10:30 pm and opening at 5:00 am.) This does not even give him 8 hours at night off his feet. Also none of his appointments occur while he is on the clock, is this normal?


Asked on 3/09/08, 8:29 am

1 Answer from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Modified Duty

If he can't do the modified duty and this causes aggravation of his original medical condition he needs to report and complain that to the supervisor and ask the supervisor to send him to the doctor to either change his restriction or he may need to be on disability until he gets better. If the doctors restrictions are too restrictive and employer does not accommodate, then he may have to go back on temporary disability. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 4/04/08, 7:48 pm


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