Legal Question in Workers Comp in California

Workers Comp Release Back to Work

What is the law regarding keeping an employee after he/she has been given the ''Offer of Regular Work'' and has accepted to come back to work after being released by Workers Comp. The point is I have had to fill his/her position to do the work as it was necessary to run the business. If I do not have enough work to keep him/her busy is it appropriate to lay this person off, what are my rights as an employer. We are in California.


Asked on 3/14/08, 7:59 pm

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

Re: Workers Comp Release Back to Work

I am not sure of the answer; i do not know that their are any cases on this. I would try calling a supervisor at the Dept. of Industrial Relations, vocational rehabilitation, to see what their position is and exactly why. Then call the main office in S.F. as to their opinion [especially if you have AAA insurance].

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Answered on 3/17/08, 1:29 pm


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