Legal Question in Workers Comp in California

On a workers comp case can the employer dictate the time and days you can make your doctors or therapy appointments? If I make the therapy appointments for the evening from 4pm to 6pm, can they deny it and say I should make it for the morning?


Asked on 2/25/13, 10:58 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

The employer has the right to ask you to stick to your work schedule. Yes, you must maintain your regular work scheduled even if you are injured on the job.

So if the employer is stating you'll have to figure out how to juggle your treatment on your private time so you can maintain your regular work schedule, then yes, the employer can do that.

There is an Urban Myth that the employer has to release you and pay you regular wages during your treatment times, and it's just a myth.

The employer does not 'deny' appointments...the employer does not pay for appointments. The employer's Workers Comp Insurance Company pays for the appointments. So the Comp Insurer CAN cancel an appointment, they hold the purse strings that pays for the appointment.

There are therapy and medical offices that provide treatment up to 8pm... if you cannot complete your care in the morning before your regular shift, you will need to get a treatment facility from the Medical Provider Network "MPN" that will treat you AFTER you finish your regular shift.

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Answered on 2/26/13, 10:28 am


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