Legal Question in Workers Comp in California
I have returned to work after a stress related work comp claim. They changed my position from my original job to be a receptionist. They have not lowered my pay rate at this time. What is the time limit that they have to keep me at my original payn rate?
Asked on 12/10/12, 2:11 pm
1 Answer from Attorneys
Nancy Wallace
Nancy Wallace Atty at Law
Time limit to keep an original rate??
NONE.
IF the employer eventually reduces the rate of pay and IF you can prove the reduction was unnecessary and solely retaliation for having requested Comp benefits, you can file a 132a Petition at the WCAB alleging discrimination.
Trouble is, the employer always defends saying it had a "Business Necessity" to not return you to the job that resulted in the stress claim and not to pay you your pre-injury wages for a receptionist position.
Answered on 12/13/12, 5:05 pm
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