Legal Question in Workers Comp in California

should i show up for light duty after having 7 days off and no approval for an M.R.I.and a doctors note of what i can not do. only thing i can do is sit ..though leg hanging causes pain.. right knee injury???

Asked on 5/20/13, 12:49 am

2 Answers from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

You should ALWAYS APPEAR for Modified Work.

BRING A COPY of the physician's specific words as to what the physician says you must avoid.

YOUR VERSION of what you must avoid doesnt count (until you have an "MD" after your name).

IF the employer's work assignment requires you perform a duty specifically excluded by the writing physician, tell the boss you were told by the doctor not to do that yet and SHOW THE BOSS YOUR WORK STATUS REPORT from the physician limiting or excluding that job duty.

If you try the modified duty assignment and cannot take the pain, tell the boss you must rush back to the treating physician immediately because of unbearable pain after attempting the duty assigned. TRY IT FIRST before leaving for the clinic so you can tell the doctor you tried it and found it unbearable.

Whether or not you get an MRI this month or next (or never) doesn't change whether you should attempt modified duties. If you refuse to go to work after being offer modified duties that match what the doc wrote, you can be fired for job abandonement.

THEN YOU NEED a certified specialist attorney to get the MRI ordered. ASAP.

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Answered on 5/20/13, 10:05 am

You need to show up to work and if you can't do the modied work let your employer know and demand that you need to be sent back to the treating doctor to either to 1. be placed on disability or 2. modify your restriction. My other best advise is to change your treating doctor from an insurance or employer's oriented doctor to a more injured-worker friendly. Feel free to call me at 213.388.7070 for a free consultation.

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Answered on 5/20/13, 6:01 pm

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