Legal Question in Workers Comp in California

Worker's Comp PTO reimbursement

I injured my back at work, was seen by employer referred Dr. who took me out of work for 3 days, then returned me to light duty. The light duty was my former job! I worked for 10 days in pain until it was unbearable and asked to be re-evaluated. My employer sent me back to the Dr. who kept me out another 3 days and then authorized my return to light duty. Employer says there is no light duty and placed me on TTD. TTD is only covering from the date I was taken out the second time and I want my vacation time reinstated from my date of injury. Employer says because it was not consecutive days missed they do not have to reimburse me for the first round of days off. Also can an employer cancel preapproved scheduled vacation time because I have been on TTD if I have enough vacation to cover my time away? My vacation is scheduled for the week after I am due to return to work.


Asked on 5/22/07, 1:16 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Worker's Comp PTO reimbursement

An employer is not allowed to discriminate against a person for having had an industrial injury. Most of them and the insurance carrier may not realize it, but that means that while off work you earn vacation and sick leave as if you were at work. If they wold not have done anything about your vacation had you not been injured, they can not now do something as that would be treating you differently because of your being injur3ed.

You were returned to light duty which did not exist so yo should have still been off work. I think you have a good argument that you have never been authorized by the Dr. to return to any work that is available to you so you should still be collecting TTD. Also, there is a provision that if you miss a certain number of days from work then the waiting period has to be picked up [years ago it was 21 days]. Point out to the WC carrier that they might be subject to a penalty for delay in benefits and it is not worthwhile to them to argue about not paying you the three days.

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Answered on 5/22/07, 3:21 pm


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