Legal Question in Workers Comp in California

workmans comp

Back on may 18th I reported an injury to my employer (repetitive motion from working with laser). My employer never gave me a claim form to fill out, after many unsuccessful attempts at getting this acknowledged, I finally said I would need to give my two weeks notice if I would continue to be ignored. It was at this point via e-mail I was issued a w.c. policy number and told to see the Dr. of my choice (but still no claim form and this was July 30 2004). Our company's w.c. claim center finally sent me a form and the case was opened in Aug. They later sent me to an ortho dr. (spinal who said he was the wrong specialty for me to see because it was a soft tissue injury. (I have restricted range of motion to my R neck,and muscle spasm and pain to neck, shoulders, arms, hands, and severe headaches) He referred me to P.T. 3x/wk to relieve cervical and shoulder spasms. He also resticted my work load to M,T (wed off) TH, F. TO break up repetiive motion. I am full-time and have been since I Started on may of last year. Now my emp. is saying I am partime there since w.c. is paying time missed hrs. on weds, therefore I lose my fulltime staus (which are my benifits and I not entitled to bonuses and day shifts) Is this legal??

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