Legal Question in Workers Comp in California

I work as EMT on Ambulance and hurt my back on 10/18/10 by lifting a heavy stretcher. Appropriate paperwork has been filed;I saw a doctor on same day. I was diagnosed with acute lower back sprain and was put on "unable to work for 10 days.I was prescribed muscle relaxant,steroids, and pain medicine. On 10/28/10 I went to MD and she put me on modified duty since I was getting better. A modified duty wasn't offered to me so I stayed home till 11/12/10 when my MD cleared me to full duty since wasn't complaining of any pain. I received free Tx and TD pay form workers comp. On 11/17/10 the back pain came back, I wasn't on any medicine that day since I finished the Tx by 11/12/10, once again I went to see my MD and she put me back on modified duty with same medicine I had before. My employer offered me alternative job in office 8hr day 5 days a week .

1.Alternative work was offered in regular email in a simple form. When I asked employer to put the offer in legal form"DWC-AD 10133.53" she said

,"..it does not apply to your situation".

Am I right about the form? If yes, then do I have 30 days to respond to the offer and will I get paid by worker comp during a time when I'm deciding?

2. If I take the offer, and start assigned shift but on some days I can't come to work whether due to physical therapy (3xweek) or my back is killing me, can my employer punish me and will worker comp not pay me TTD for those days missed at work?

Thanks for help.


Asked on 11/20/10, 1:20 am

1 Answer from Attorneys

David Justin Lynch David Justin Lynch & Associates, APLC

You need an attorney. If you represent yourself, you will more likely than not lose your case. Please contact our office for an appointment at 760-325-6900. We will be happy to represent you.

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Answered on 12/13/10, 4:54 pm


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