Legal Question in Workers Comp in California

If a person on lite duty/workers compensation who was hurt on there job during work hour and also has a seasonal job that he wasnt work at the time of the accident and several months later that job is available and meets all the doctors restrictions, and it doesn't interfer with the hours of he or she working there regular job hours. can he or she take that job to help there income? and also do they have to inform there employer about the second parrt time job?


Asked on 9/21/12, 8:26 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You would not have to inform the employer of the other job. If you are working light duty you would not be entitled to temporary disability payments.

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Answered on 9/21/12, 8:37 am
Nancy Wallace Nancy Wallace Atty at Law

On the Temporary TOTAL (that's TOTAL) Disability check it states that the recipient (apparently not you? or you would have read this on that check by now) that it is criminal fraud not to report all sources of income to the insurer issuing that check.

If the medical report causing the adjuster to issue checks says TEMPORARILY TOTALLY DISABLED then she's violating physician's orders working the second job.

If the medical report says TEMPORARILY PARTIALLY DISABLED and gives detailed work restrictions, but the employer couldn't meet those restrictions, then the worker can get their own Modified work if they wish... BUT EACH MODIFIED WORK PAYCHECK MUST BE DEDUCTED FROM THE TOTALY DISABILTY CHECK.

So the adjuster typically just stops paying anything at all until they see some paycheck stubs to see exactly how much this worker earned.

If the weekly pay rate for this worker is $667, that means the Average WEekly Wage is $1,000.

If this worker show check stubs from the seasonal job of $600/week, the adjuster only owes $67 that week.

The insurer only owes 2/3 of the lost wage.

The workers DOES NOT KEEP the seasonal paycheck and the TTD check. she can go to jail for that, that's considered workers comp fraud.

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Answered on 9/21/12, 9:46 pm


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