Legal Question in Workers Comp in California

I've recently been going to physical therapy through worker's comp. I normally work from 9:30am to 6pm. I've been going in to work around 11 because of my physical therapy every morning. Is my work suppose to accomedate me for the hours I've missed while at physical therapy, or are they not suppose to? Do I just work my 8 hrs from the time I clock in making me stay even later than normal?


Asked on 1/07/13, 5:45 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

STOP ATTENDING THERAPY DURING WORK HOURS. NO, YOUR WORK HAS NO REQUIREMENT to pay you for hours you've missed in therapy. There's an Urban Myth that you get paid salary for attending medical appointments during work schedule...it's a myth, not true.

Unless and until an MPN (insurer list) Physician writes you are 'Temporarily totally disabled" during the hours of therapy, nobody owes you payment. If you prefer to work 11am to 7:30pm and the employer permits it, GO FOR IT.

A better option: ONLY SCHEDULE THERAPY before or after work. IF THE THERAPIST refuses, GET A NEW THERAPISt OPEN AFTER 6PM. you'll need the Medical Provider Network list for this Comp Insurer. Find a Physical Therapy center on that list and call and find one that can do the therapy from 7:30-9am or from 6:30-8pm.

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Answered on 1/09/13, 9:15 am


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