Legal Question in Workers Comp in California

If you are not offered employment in a modified position, then you have lost your job. The only recourse in workers's compensation is to consider a Diminished Future Earnings Capacity (DFEC) challenge to the rating, which is essentially saying that you will not be able to earn your previous income due to the fact you can no longer work at your prior job. You will most likely require the assistance of an attorney. Unfortunately, if the DFEC data is not substainially different, in other words you earn the same at your new job, for example as a teacher or minimum wage worker, you will have problems finding an attorney who will accept your case unless you have a significant impairment rating that has not been paid.

Yes, you are eligable for unemployment. However, if you have been off work for months, then EDD will probably give you problems claiming unemployment unless you filed for a waiver or extention when you originally started receiving TTD.

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You may be able to get a re-evaluation by treating doctor to re-visit your restrictions. There may be changes that may result easing your restriction which in fact may get your job back or if it should be more restrict or if you need additional treatment you may have to receive temporary disability benefits or disability benefits from EDD. Feel free to call us at 213.388.7070 for a free consultation.