Legal Question in Employment Law in California

I am a FT culinary student, work PT on the weekends as a line server at a restaurant. I constantly lift 5-15 lbs during the course of my day at work. A few weeks ago I noticed after being at work for a few hours that my hand was unusually swollen. 2 of my managers looked at my hand said it was probably a spider bite. Put ice on it when I want home. The next day it had went down slightly but it was still pretty swollen and when I put pressure on it, it would hurt. Still worked my manager had me cleaning a hot oven which required me scrubbing, by the time I left work it was very swollen. I went to the doctor that week they diagnosed me with tendonitis and recommended I follow up with my primary care doctor which I do not have one. Dr recommended no repetitive use of my hand & gave me a brace. Dr didn't give me a release from school or work which I showed my employer. When I went back to work the next weekend both managers told me to do the best I can. Our district mngr was there that day, he noticed my hand and sent me home. I informed my employer as long as I have the brace on it doesn't hurt so much and that I could work effectively still and have continued going to school, which was a baking class and I was very capable of working. He told me to come in next weekend. I was on my way to work the following weekend and called in to tell them I may be about 5 minutes late and was told I'm not scheduled to work. I was told I needed to bring in a release from a doctor. I was given a form by my manager, and told me he did not want to get caught up in a workers comp issue and I cannot return until completed by a DR. I have no medical benefits, ER will not complete. He said I am still employed but cannot return and not even the clinic I went to will complete the form given to me by my employer.


Asked on 12/31/10, 12:33 pm

1 Answer from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You need to file a claim and WCAB application in order to receive benefits. If you can't work due to your injuries, then your treating doctor needs to take you off work and you need to receive temporary disability benefits. If your doctor is unwilling to do that then you need to change your treating physician. I strongly recommend that you retain an experienced worker's compensation attorney to protect your rughts. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/05/11, 1:00 pm


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