Legal Question in Disability Law in California

time limit on reasonable accomdations for injured worker

If a worker receiving workers comp benefits, and is returned to work before being declared permanent and stationary, and the employer does provide "light duty" but then will not let the worker continue such duty past 90 days, so the worker convinces her doctor to return her to work with "no restrictions" but declines to declare her permanent and stationary because he wants to see how she does on the job first, but the employer will not allow her to return to work, is this a violation of the ADA?


Asked on 10/17/00, 9:04 pm

1 Answer from Attorneys

Neil Newson Neil C. Newson & Associates

Re: time limit on reasonable accomdations for injured worker

YOU POSE AN INTERESTING QUESTION THAT REQUIRES MORE INFORMATION.

WERE YOU TERMINATED? IF NOT, WERE YOU STILL COLLECTING TEMPORARY DISABILITY BENEFITS OR SALARAY? IF THE ANSWER IS NO TO BOTH, YOU MAY VERY WELL HAVE A VALID WRONGFUL TERMINATION CLAIM.

I SUGGEST THAT YOU CONTACT A REPUTABLE ATTORNEY IN YOUR AREA THAT HANDLES THESE TYPE OF CLAIMS.

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Answered on 11/18/00, 10:30 am


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