Legal Question in Workers Comp in California
Can a worker be bared from receiving TTD in California when she/he is released to restricted duty and the employer will supply the work. Then when the employee is ready to come back to work his name and social security number turns out to be fake.
2 Answers from Attorneys
You do not state whether you are the employer or employee. If you are the employer, contact your WC insurance carrier as they are the ones who decide what benefits will voluntarily be provided on your behalf. If you are the employee, the situation is very complicated because Federal law may still require the employer to fire you for using a false social security number and if you are an illegal alien they may take steps to deport you.
Once you return to work, or are released to return to work that is available,you are not entitled to get TTD because that is only received while you are unable to return to employment. So yuo ar not being barred from TTD because of fake name and ID, but rather you simply are not entitled to the benefits no matter what.
If you are undocumented, you are still entitled to receive worker's compensation benefits and a settlement for permanenet disabilities. Insurance companys need to verify your identity in many different ways such as passport from the country where the injured worker came from. Once the doctor releases an injured worker, insurance can stop paying TTD but as I mentioned above the injured worker is still entitled to a settlement for permanent disability. Feel free to call me at 213.388.7070 for a free consultation.