Legal Question in Workers Comp in California

I have been out of work for about a month on WC but now i am just starting back to work with modified duty and still going to physical therapy - which is only available in the am - can my employer change my hours so they won't have to pay me while i am at physical therapy appointments?

Asked on 4/20/12, 3:03 pm

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3 Answers from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Sadly, there is nothing in the Labor Code requiring the Employer to accommodate a treatment program.

IF THE TREATING PHYSICIAN is willing to write a report EACH VISIT stating you were "Temporarily Totally Disabled" for those hours of therapy, then the Insurer (not the employer, just the Comp Insurer) pays 2/3 of lost wages for those hours.

No doctor will write all that any more.

solution: tell the therapy company you refuse to attend therapy scheduled during your work schedule and that you will switch therapy providers if they therapy provider cannot accommodate the work schedule.

then when the employer changes the work schedule, you just change your therapy appointment, and you win this little 'war'.

But yes, the short answer is the employer may switch your work schedule even if it happens to interfere with treatment for a work-related injury.

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Answered on 4/20/12, 3:59 pm

Geoff Morris The Morris Law Group

It is unclear what your work schedule was before this change. If you were full time and your employer is cutting your hours so that you can go to physical therapy you would be entitled to supplemental temporary disability payments. Please feel free to call me if you would like a free consultation. 949-830-1182

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Answered on 4/20/12, 4:22 pm

Your treatment should be on paid time. You should not be forced to take vacation or not be paid. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 4/20/12, 6:17 pm

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