Legal Question in Workers Comp in California

Does this sound legal? I received my return to full duty note from my doctor and turned it into my W/C manager. She is refusing to allow me to return to work until she receives a "full report" which the doctor said wouldn't be until after my next visit. The purpose of the next (final) visit was to assess how I am doing after returning to work. Does this sound legal to NOT allow someone to return to work when a doctor has given the return to full duty paperwork the company requires?


Asked on 3/28/17, 12:30 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

NO, this is a violation of California Labor Code 132a. I WOULD APPLY FOR UNEMPLOYMENT INSURANCE AT WWW.EDD.CA.GOV immediately! If you present for full duty, no restrictions (absolutely no restrictions), with a writing from the physician releasing you to all duties, then you are Unemployed. If you apply for Unemployment this forces Human Resources to make a decision to permit you work or pay you unemployment benefits, and most times it results in the worker being permitted to work again.

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Answered on 3/31/17, 3:25 pm


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