Legal Question in Workers Comp in California

I'm off on worksmas comp and I was told by my supervisor that I was being written up for not coming to a meeting. Is this illegal?


Asked on 2/27/13, 1:15 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Meeting is consider part of your work. If you lose your job over the write up. the termination is wrongful. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 2/27/13, 5:37 pm
Nancy Wallace Nancy Wallace Atty at Law

If the Work Status Report of the Primary treating PHysician says you are TOTALLY Temporarily Disabled, then the Supervisor has violated LAbor Code 132a 'discriminating' unlawfully because of your work injury.

BUT!!! if you are released to MODIFIED duties such as desk work only, and you can attend a meeting, then the employer can require to attend the meeting.

So it depends on the precise wording of the reporting physician's Work Status report.

YOU WOULD BE WISE with such a supervisor to have a certified specialist attorney; you need a written warning from your attorney that the company will be in violation of LC 132a if any written reprimand is in your personel file for failure to be at work for any activity IF the physician indicated there is Temporary Total Disability.

AND IF YOU ARE NOT Temporarily Totally Disabled, GET IN WRITING FROM the treating physician if you can safely DRIVE TO the workplace on prescription medication -- or not -- and whether you can attend meetings at the work place without aggravating or worsening the injury . GET IT IN WRITING AND GET IT CLARIFIED.

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Answered on 3/01/13, 2:13 pm


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