Legal Question in Workers Comp in California

Termination while out on worker's comp
In Feb. 2006, I filed a w/comp claim for a back injury.
I have been out of work for 3 months awaiting authorizations for tests that have been requested by my attending physician several times.The insurance company denied these tests and then after my physician persistence, decided to allow the them. The diagnosis of the mri confirmed thatI have degenerative disc disease and that I have several moderate to severe bulging disc that require surgery.This is now in another waiting process to be referred to a nuero-surgeon and then the waiting period that the insurance company has to decide whether or not to approve this. So I have to wait again!
Being concerned about this,I contacted my employer inquiring about if I will have a job to return to and they promptly told me that they could not guarentee that. They told me that it is stated in my handbook but it is not! They seem to be classifying this under FMLA which states that they can terminate me after 6 months. Is this correct?

Asked on 6/04/06, 12:21 am

2 Answers from Attorneys

Alden Knisbacher knisbacher law offices

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Re: Termination while out on worker's comp

Many employees find themselves in your situation. There are three laws that come into play -- the law protecting against retaliation for filing a workers compensation claim -- CA Labor Code Section 132a; the law allowing family leave (the federal law is the FMLA, the CA law which provides better protection is the CFRA (California Family Rights Act)), and the law requiring employers to modify jobs so that employees who are hurt can continue working (in California that is Govt. Code Section 12940 -- it's like, but better than, the ADA). The answer would require more space than I am given on this board -- but the employer has to follow strict rules in order to fire someone who is out on medical leave -- many employers don't know the law well enough. . . I would need more facts to give you a complete answer, but it's not as simple as your employer suggests. . . .

Answered on 6/12/06, 4:50 pm

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