My doctor OK me for modified work. My company offered me a temp position. less than 85% of my pay. I told them I have 30 day to except. but my WC pay has stopped before the 30 day except or decline offer. Can they do that
2 Answers from Attorneys
Worker's compensation benefits when doctor releases you to go back to work and they generally tell you that you are permanent and stationary status. So you need to know when your treating doctor declare you to be permanent and stationary. Feel free to call me at 213.388.7070 for a free consultation.
YES they can do that. YES you can file a petition for discrimination pursuant to LC132a for unlawful discrimination in retribution for requesting workers comp benefits.
When the Treating PHysician (or AME or QME) writes that you will NEVER< EVER return to all pre-injury job duties, the employer is to either (1) create a new position meeting the new PERMANENT work restrictions that pays 85% of the preinjury wage, or (2) send notice no such position can be found.
It is NOT to be specified as a Temporary Position.
If the employer's OFFER OF MODIFIED WORK does not meet the code, it is not a valid offer and (1) you receive the 15% increase in Permanent Disability Indemnity per statute, and (2) you can apply for Unemployment Insurance.
If this 'ok' for modified ok is TEMPORARY none of the above applies. you just report for the temporary assignment, and if you are paid less than the statutory amount, you demand the difference from the insurer (with written proof of what you used to earn and what you were actually paid on the temporary modified work)
WHEN MY CLIENTS get a defective Offer of Modified Work, we just ignore it. Then at the SEttlement Conference THAT's when we point out to the defense attorney -- and possibly the judge -- that the Offer of Modified Work failed to meet the regulations in the CCRs and so doesn't actually serve as an offer of anything, and the applicant was never required to accept or reject it.