Legal Question in Workers Comp in California

Re: Work status order

If your employer is violating the modifications the doctor placed on you, you may have a further claim of discrimination. There is a Statute in the Labor Code called a 132a and this could subjecty your employer to penalties of up to 50% increase in your benefits, when you settle, and could require them to honor the restrictions. I do not know if it is worth it however, as it is likely your doctor will lift those restrictions soon. You should talk to your doctor and find out when he or she plans to lift the restrictions and go from there. You may also have a Fair Employment and Housing Act (FEHA) claim, which is a civil case outside of workers' compensation. Possibly a violation of the ADA. (Federal case).

It may just be best to discuss with HR dept or the office where you work and tell them that this is slowing down your recovery and may cause further harm.

Before filing new actions against your employer, I would try and work it out amongst your selves.

In this economy and they way things are going, you may need to work, but NOT AT THE EXPENSE OF CAUSE FURTHER HARM. This is a tough call and if you would like to discuss it with me personally, please email me at [email protected] or my secondary email address [email protected]

You may also call my office directly.

Good luck and I will be happy to answer any questions you may have free of charge.

Samuel L. Salazar

Attorney at Law

617 W. 7th Street Suite 402

Los Angeles, CA 90017