Legal Question in Workers Comp in California

If I quit my job because I know I'm not ready to go back to work Dr. put me on modified dutieshad surgery on 4/6/2011 and I told my Dr.I'm still in pain and he said he wants me to go back on modified duties I'm in Retail and I know there's alot of lifting involed and my job told me if I quit I would not be able to get Disability is that true Please help too much in pain


Asked on 7/12/11, 11:19 am

2 Answers from Attorneys

SAPNA SINGH DURARD MCKENNA AND BORG

You can try to go back to modified duties and report back to your treating doctor the problems you faced. He should accordingly increase your work restrictions. If you do not feel that your PTP is listening to you or acting in your best interests, you have a right to change your doctor. Your employer does have the right to offer you modified work in compliance with your work restrictions. If you do not report to work, your employer /workers compensation insurance does not have to pay you ongoing temporary total/ partial disability benefits. This could also potentially be job abandonment and grounds for your termination. I would suggest you consult with an attorney as soon as possible.

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Answered on 7/12/11, 12:16 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

I highly recommend that you change your treating doctor and if you have to go outside of the Medical provider's network (MPN), you can apply for State Disability benefits as well. So I highly recommend that you don't quit your job and request Temporary disability benefits or state disability benefits until you feel better and able to go back to work. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 7/12/11, 5:14 pm


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