Legal Question in Workers Comp in California

return to work, modified duty

I am a nurse, out with a lumbar back injury the occurred in 2/07. My employer has accepted the MD's modified duty and I am to return to work. I am required to keep my license current in order to work as a nurse however, due to extreme financial duress, I have been unable to renew my license.

My employer is now saying that they can't work me until my license status is current and the comp carrier has stopped my TD payments because they are saying that my employer has accepted the modified duty restrictions. Is this legal? Aren't they required to offer me alternative work like office work instead of just feeding me to the sharks? If I get an attorney to represent me, how can this be fixed? I am about to lose everything house, cars... Thanks!


Asked on 5/15/07, 5:59 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: return to work, modified duty

You need to apply to EDD for State Disability Insurance benefits. They should be approximately equal to your TTD benefits. Contact me directly.

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Answered on 7/24/07, 2:00 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: return to work, modified duty

Your doctor can certify to receive EDD benefits while you are on disability. You need an attorney to object to the insurance company findings which recommended that yo return to work so quickly. please call us at 213.388.7070 for a free consultation.

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Answered on 8/01/07, 8:28 pm


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