Legal Question in Workers Comp in California

I am on Workers Comp through my employer. I work for a school district in California. I recently returned to work with no restrictions, however, my doctor hasn't completely released me yet and is still scheduling appointments since I just returned to work and he wants to see how I do. I had an appointment last week and my employer told me that I can't use Workers Comp any longer for appointments and I would have to use my own personal sick time from now on. Is this valid? I am still under doctor's care. Shouldn't Workers Comp continue to cover my appointments until I am completely released?

Asked on 9/07/16, 6:38 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

No, it's stupid, but the employer IS NOT required to pay you for time seeing a doctor in a workers compensation injury. THE SOLUTION: insist the physician see you before or after work, and if this physician refuses (or has no such appointment times), you need to change treating physicians.

MOST EMPLOYERS pay for the missing time so you stay with their hand-picked doctor, so you will hear that others have their time at the doctor covered by the employer. Know that is a voluntary choice the employer makes, it is not required.

IF THE PHYSICIAN SEEING YOU WRITES YOU ARE TEMPORARILY TOTALLY DISABLED that date of the visit, you could request the Comp Insurer pay you one date of TTD for that appointment date... but you get no TTD for the first 3 dates of Total Disability unless and until you are TTD for a total of 14 days (after 14 days of total disability, the adjuster is supposed to then pay you for the first 3 days of total disability)

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Answered on 10/05/16, 1:31 pm

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