Legal Question in Workers Comp in California

Return to work

My husband is currently receiving permanent disability from an injury at work. In April he was deemed MMI, he is now improved greatly by a miricle and his doctor has released him back to work limited duty and can return back to full duty after a strengh test. The employer is refusing to let him come back to work until the QME is complete. How is this possible and how can he continue to receive disability paymnets when he has been released back to work?


Asked on 9/05/08, 5:58 pm

1 Answer from Attorneys
Samuel Salazar Law Offices of Samuel L. Salazar

Re: Return to work

First of all, I am glad to hear that your husbands condition has improved.

I do not have many details, but if the employer will not take him back until he is released without restrictions he should be able to continue to receive temporary disability.

He may also have a claim against the employer for violation of a 132a. This is an application for discrimination against an injured worker for filing are intending to file a workers' compensation claim. It may also be a violation of the Fair Employment and Housing Act (FEHA). If you have an attorney you should discuss this with him or her. If you would like to contact me personally you may email me or call me.

my email address is [email protected]

Samuel L. Salazar

Attorney at Law

617 W. 7th St. Suite 402

Los Angeles, CA 0017

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Answered on 9/13/08, 12:11 am


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