Legal Question in Workers Comp in California

You needed to DOCUMENT in WRITING that 'Health & Safety" said there was no modified work.

When the employer ADMITS there is no modified duty, a limitation to modified duty becomes a TOTAL TEMPORARY DISABILITY PERIOD.

It sounds like the district officials are telling the adjusting service that modified duty WAS available but you just decided to stay home instead of coming in for modified work... when a worker just decides to stay home and see what happens, there are no wages and no Temporary Disability payments due when it is learned the doctor's opinion (after the fact) is that this worker could have performed modified work.

So, you need to do two things: GET THE HEALTH & SAFETY ("OFFICER['S?) OPINION documented with either a eye-witness or a memo or a tape recording or a letter... THEN file for an Expedited Trial to offer this proof to a WCAB Judge that you were refused modified duty so are due (1) Salary Continuation per the education code then (2) Temporary Disability for the period that Modified Duty was refused up until you are released to full duty.

The obvious alternative is you need a certified specialist attorney to do all of this.

You need to apply for temporary disability benefits for the periods that you don't work which is 2/3 of normal salary. Feel free to call us at 213.388.7070 for a free consultation.