Legal Question in Workers Comp in California

If you are on State Disability due to illness, can you return to work at anytime without Dr OK? If so who would liable for relapse or death after returning to work to soon?


Asked on 11/26/10, 9:46 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

I am not sure that what you have asked is what you really want to ask. No program keeps you off work; a worker can return to work when ever they wilsh to. The employer, however, may require a medical release. If you return to work too soon, without a Dr.'s release, that is a decision you made by yourself and so you are totally responsible. If the Dr returns you to work and you suffered a relapse which is shown to be caused by your going back to work too soon, then for the Dr. to be negligent you must prove that he acted below the standard of care of similar physicians in the area. That might be very difficult to prove. If that did happen to you, it would help to give more information to us as to the facts

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Answered on 12/02/10, 12:50 pm


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