Legal Question in Workers Comp in California

Can Work Comp Insurance Really Do This

I have a right shoulder injury . It has been found that the injury is opermenat.Fully knowing the injury and the comp office calling me for an interview about my job they sent me papers to let me go back to a modified job in my old department . My attorney I had hired called and confirmed that the conditions of my job were in agreeiance with the medical disablitty and the comp office said yes. I sent the paper in for me to return with the doctors ok on those conditions. One week later they pulled the legal docuement and said they would have to further investigate that ob class. Can they pull a legal docuement like this?


Asked on 7/16/00, 12:07 pm

1 Answer from Attorneys

Attorney Marsili Law Office of Attorney Marsili

Re: Can Work Comp Insurance Really Do This

It sounds like they are doing a further review on the position you are to return to to make sure that it complies with the physical restrictions imposed by your physician. There should have been a job description performed on the position you were performing at the time you were injured and the physician should have reviewed this and declared an opinion. As to the modified, this should also have been put into writing with a description and submitted to your physician for determination. This is not a legal opinion it is a medical one. The fact that your attorney put an ok on it is insufficient, you need the doctor's ok. If this occurred and the doctor did ok it then it is likely that the company themselves may have seen an issue of concern. Don't sweat this though, they have to offer a position that even if modified is at least of a year duration and if not then you would qualify for vocational rehabilitation. Good Luck

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Answered on 7/19/00, 1:19 pm


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