Legal Question in Workers Comp in California

After an injury at work, I was put on temporary light duty by the Doctor. My supervisor did not offer me any modified work but instead put it down as sick time. Can she force me to use sick time?

Asked on 11/05/10, 8:39 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Definitely not. If there was no light duty available that you could perform, then you are off work on temporary total disability and receive WC benefits until theri is work to return to, you actually do start working, or your condition reaches the level of maximum improvement. You may, depending on your employer, be able to use sick leave to supplement the difference between the TTD and your normal pay level.

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Answered on 11/11/10, 9:15 am
David Lupoff Law Offices of David B. Lupoff

Your sick time is separate from your T.D. Using your sick time for your injury is a violation of the Labor Code. Depending on your location, I would either contact Mr. Shers or my office to discuss your case. My telephone number is 877.505.INJURY.

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Answered on 11/11/10, 1:59 pm

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