Legal Question in Workers Comp in California

Why have you not brought these issues up with your WC insurance carrier? They will handle the matter and can give you advice on what you can do.

HI

You have a lot of issues going on. I agree you should discuss them with your WC insurance carrier and ask them to send the case out to a WC defense attorney to help with your specific case. To answer your immediate questions.

Is he required to call in when he is not coming into work? Any employee should follow your company policy. Failing to follow company policy (hopefully you have employee handbook) is grounds to take further action (whatever your policy is).

He has a second job and works there with no problem. Is he required to notify them of his WC injury? There is no legal requirement to notify a second employer. You state he works there with no problem which implies his limitations does not prevent him from doing that job.

If his work requires him to work outside his limitations should he be able to work or does he have to notify them of his limitations? If he has a restriction of no lifting over 10 pounds and he lifts 20 pounds at his other job, then it is reasonable to give the second employer a doctor's excuse from lifting over 10 pounds. The doctor's excuse does not have to state it is due to a work comp injury.

However, the fact of working for another employer has a lot of potential benefit and legal strategy for you to pursue. Again, I would contact your WC insurance company and ask them to refer your case out to their defense attorney so you can talk to them for how the above facts can help you on your case.