Legal Question in Workers Comp in California

What happens if I have be cleared to go back to work from an injury and then a month later it comes back? The doctor said I have to have surgery but I have already used 9 months of 4850. What are my options? This is a job related injury and this is the second time I have been cleared and returned to full duty only to have the injury return.

Asked on 3/29/12, 8:05 pm

Experienced Workers' Compensation Attorneys

The Law Offices of Eslamboly & Barlavi has over 20 years of experience helping injured workers all over California. We can help you recover for your injuries as a result of an accident at work. We only get paid if we recover compensation for you. Visit our website or call us for a free consultation about your case at 1-800-LAW-TALK.

For more information visit us at

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Your major interest should be in getting better. If you have to go off work you are entitled to full salary for the remainder of the original one year period. If it is a new injury than a new period of full salary for a year would start. Your work may be too strenuous for you to return to those duties full time so you might have to look into taking a disability retirement.

Read more
Answered on 3/29/12, 9:29 pm

Nancy Wallace Nancy Wallace Atty at Law

What Happens? YOU MAKE THE DECISION TO return to the same physician and complain of ongoing pain/weakness/symptoms... or tough it out to guarantee you keep this job.

YOUR OPTIONS?? (1) return to the same doctor and report the symptoms returned. IF THIS physician then writes you will never be cleared to return to full duty, you are out of a job.

(2) Choose a new treating physician... maybe a more competent physician more concerned with getting the problem healed instead of limiting the employer's 4850 payments would get you a pain managment regimen (acupuncture? pain patches? ) that would permit you to continue in this position with lighter ongoing symptoms.

(3) DISAGREE with the treating physician and request a Panel Qualified Medical Evaluation.

Read more
Answered on 4/03/12, 12:47 pm

Related Questions & Answers

More Workers' Compensation Law questions and answers in California