Legal Question in Workers Comp in California

I am currently off work order per Dr.'s directives. I am a SLP in the school system and travel from school to school. I am contending that my employeers changing of my work assignment has increased my workload and mobility needs. We are currently working through the in house grievance process of contract violation but what violation of WC law is occuring and what path should/can I follow there?


Asked on 10/01/10, 2:55 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

You are asking an attorney a medical question. If you are off work by the doctor, changing the work assignment is irrelevant unless your employer asserts that an offer of modified work pursuant to the doctor's latest report allows your return in a modified capacity. The only way to proceed is to object to the doctor's report and request a panel QME, in other words state you cannot return to work (and take the chance of being terminated) or object if the doctor has not received a detailed job description upon which to base the reasonableness of the offer of modified work.

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Answered on 10/06/10, 4:59 pm


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