Legal Question in Workers Comp in California

Requirements to bring a worker back who has been out on WC disability / rehab?

Tough to find this info on the web - We have an employee who has been out on a Worker's Compensation claim for about 6 months now. He has undergone surgery to fix a problem with some type of rotator cuff injury that was aggrevated at our location (as told by the worker). The worker's disability benefits expire in a week or two, and this worker is now looking for ''modified'' or alternative work at our company (small company, 15 or so employees). We have no such job available, and even this worker's past job has been eliminated through a major change in our business model (we're outsourcing most of our shipping operations to another company and have recently let many warehouse workers go).

The question is: What are my obligations to provide employment to this person (it seems like I'm under no obligation to, if I read the current law correctly), and what are my potential liabilities if I tell this employee, ''Sorry, we have no positions available for you at this time.''


Asked on 11/25/05, 11:56 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Requirements to bring a worker back who has been out on WC disability / rehab?

There are different situations depending upon the date of injury. You are correct. You have no obligation to provide modified or alternative work. However, if the injury falls under the new provisions of SB 899, post 1/1/05, then your insurance carrier receives a "rebate" on permanent disability payments if the employee returns to work. If the employee does not return to work permanent disability payments are increased 15%.

Actually, there is a provision in SB 899 wherein the employer receives a rebate in the form of a salary subsidy if the employee returns to work. However, the money for this has not been funded by the state, so employers are receiving no rebates.

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Answered on 12/02/05, 10:48 am


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