Legal Question in Workers Comp in California

I think your employer is playing game with you and they don't really want you back to work. You are entitled to a settlement for permanent disability and future medical treatment and possibly a voucher for re-training. Feel free to call us at 213.388.7070 for a free consultation.

THE DETAILS OF THIS CONVERSATION need to be put in a letter and sent to both the insurance adjuster and the employer (as listed on the claim) IMMEDIATELY and save the Fax Transmission reports (you might have to prove you sent this to both in court someday).

DON'T SEND ANYTHING CERTIFIED. The adjuster is at a po box where nobody signs and the employer can just refuse signature. WRITE THE LETTER AND FAX IT TO BOTH then just mail is regular US mail.

COMPLETELY LEAVE OUT and ignore that gas is high and you can't afford the work... irrelevant and NOT helpful. PRETEND ALL YOU WANT IN THIS WORLD IS YOUR OLD JOB BACK.

The letter need only be three little sentences: Dear Insurer and Employer,

As per the treating doctor's orders, I reported for light duty on Oct. 11.

I was informed I no longer was employed by this employer and might be provided modified duty if I completed a new-hire packet with a new company at my old employer's location.

As the employer is refusing to provide modified work now as per the treating physician's order, I expect to receive Total Temporary Disability Indemnity payments until the employer provides work.

SIMPLE! No more phone chats, Write everything. Fax Everything. Save the fax transmission reports to prove the adjuster got it, and the employer got it.

YOU DON'T have to say anything about gas prices and feasibility of you returning to work. YOU GET ZERO in the Labor Code because it isn't feasible for you to go back, BUT YOU GET 2/3 OF YOUR AVERAGE WEEKLY EARNINGS when an old employer refuses to provide light work for any reason.

Say nothing about same people owning new business. Leave all that mess out.

Just demand your Total Temporary Disability...and maybe look for better work nearer to home, because gas doesn't look like it's going down soon.

IF THE INSURER FAILS TO PAY TTD, then you can apply for State Disability Insurance so long as this insurance company doc will 'certify' you as being totally TEMPORARILy DISABLED just so long as this employer fails to provide light duty.

THEN YOU NEED A CASE NUMBER AND AN EXPEDITED HEARING... that's probably best done by a certified specialist attorney there (san diego??) Specialists cost exactly the same as regular attorneys (just 15% at the end, no cash up front) but theyknow so much more.