Legal Question in Workers Comp in California

how much time does my employer have to offer me modified duty. i was released by an AME doctor with restrictions.


Asked on 11/12/12, 2:17 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

THERE IS no requirement that the Employer provide ANY modified duty.

You might just be out of a job entirely.

The INSURER saves money if the Employer makes a special permanently modified job for the injured worker within 30 days of the ending of Temporary Disability.

The offer needs to be presented to you on THIS FORM: http://www.dir.ca.gov/dwc/FORMS/EAMS Forms/VOC_RRTW/DWCADform10133_53.pdf

If the employer just does not have any work that meets all the AME's work restrictions, the employer is just not going to take you back.

APPLY FOR UNEMPLOYMENT INSURANCE WITH THE EDD.

and because there is an AME, this means YOU HAVE AN ATTORNEY. IF YOU HAVE AN ATTORNEY and you have to ask questions here, you have a horrible relationship with your attorney.

If you cannot leave this specific question with the voice mail or a fax and get an answer in a day or two, you need to think about getting a different attorney.

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Answered on 11/13/12, 9:26 am


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