Legal Question in Workers Comp in California

I signed a return to work agreement years ago with my employer regarding an injury I had in 2009. I continue to work for the same staffing agency full time. Last week I declined an assignment for one day as I have an appointment with a specialist who is treating me for the same shoulder injury. Now work says they can't find any proof I have a specialist appointment with the case worker, and sent me a new return to work letter specifying I go to assignment on that day or I don't know what. Perhaps fired? This latest return to work letter came from my employer and they want it signed immediately as the assignment they want me to take is only 12 days away. I offered to cancel and will cancel my appointment and go to work as I have done many times before. I don't understand the repercussions of this new return to work letter accept or decline, or why it was sent. Are there any work comp CA state laws being broken and what can I do about it?


Asked on 2/28/16, 5:17 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

There isn't really a "return to work agreement". Either your doctor writes you are released to full duty with no restrictions and you continue to work full duty (no agreement required) OR you have a permanent work restrictions and the employer made an OFFER OF MODIFIED WORK, the signed Offer of Modified Work only guarantees modified work for one year. We're in 2016, so that expired a loonnnng time ago, if that's what you signed.

If you signed a custom contract entitled "Return To Work Agreement" that is not governed by the Labor Code, that is a private contract between the employer and you, and is covered by the California Civil Code on Contracts.

the Return to Work Letter you reference is NOT anything in the Workers Compensation Act of the California Labor Code. IF you mean an :OFFER OF MODIFIED WORK' that means -- probably -- they lost the last Offer of Modified Work and this one could get you a job guaranteed for one more year.

IN ADDITION: THE employer has zero obligation to give you time off for any medical evaluation; if the doctor writes you are TOTALLY TEMPORARILY DISABLED that day, then the employer needs to give you the day off WITHOUT PAY (you can use your personal sick leave).

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Answered on 2/29/16, 8:49 am


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