Legal Question in Workers Comp in California

Terminated due to missed work.

I have injured my arm over a period of time doing my job (repeated use). My Dr. allowed me to return to work, and I was made to continue performing my job for a week, causing worse inury and pain. I returned to my Dr. Workman's Comp has been filed. My Dr. had me out on FMLA, due to the inury and partially because of upcoming tests for Cancer (A mass has been discovered in my arm). my Employer said that I MUST return. I was offered ''lite duty'', to which I reported to work and was made to stand for 8.5 hours. the job given was demeaning, and I was singled out and made to follow policies that every other employee in the department were not. I was being treated as if I were in trouble as opposed to ''lite duty''. In the interim, due to pain, I have missed more work. I have been terminated. Will WC still continue to go through? Can I file unemployment due to missing work because of a painful injury of which my work caused and made worse by continuing to make me perfom my job even after the doctor told them not to? The reason for termination was total number of missed days for the year. The majority of those days was due to said injury, and my employers insistance that I return from DR ordered FMLA.


Asked on 12/27/05, 8:24 pm

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Terminated due to missed work.

Today's laws look at a preexisting condition contributing to your injury. As such, apportionment will apply. With this said, it sounds like you're being harassed at work, or at least you were. Being terminated under the described conditions may be a 132a wrongful termination.

You should consider hiring legal counsel. It will not cost you any money out of your pocket and thus all it could do is help.

Please feel free to contact my office at 818.385.0250.

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Answered on 1/04/06, 10:46 am


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