Workers' Compensation Discussion Forums

Hello all CA nurse,

I called my employer last week to find out if they would accomadate my work restrictions. I was put at mmi in Feb. However, I was still not able to work because of a non-industrial injury. Employee health told me that the IC needed to be called about this issue.

I called my attorneys office and explained the situation. I received a call from the paralegal stating, "That the employer could not accomadate my restrictions and should have informed me of such." She also stated, "the IC does not have anything to do with the decision about my being able to return to work." I thought that I read somewhere that the IC and employer collaberats on the decision to return the injured worker back to a modified position. Also the paralegal said that the IC would be increasing my PD checks for now.

My questions is this correct. I was told that I could apply for unemployement and what about the fact that 4 months have gone by with out an offer of modified duty. Will I be able to apply for those months. Any advice would be appreciated.

Federal ADA laws do require some attempts at reasonable accommodation.
http://www.jan.wvu.edu/links/adalinks.htm
you can learn about work comp supplemental job displacement benefit
http://www.dir.ca.gov/dwc/rehab.html
whether there is modified job offer is strictly the employers call; the carrier has no control over an employer's job placement decisions.
since your restrictions are permanent you are eligible for unemployment.
you should contact EDD about unemployment benefits rules and regulations.

1171 Wrote:

Federal ADA laws do require some attempts at reasonable accommodation.
http://www.jan.wvu.edu/links/adalinks.htm
you can learn about work comp supplemental job displacement benefit
http://www.dir.ca.gov/dwc/rehab.html
whether there is modified job offer is strictly the employers call; the carrier has no control over an employer's job placement decisions.
since your restrictions are permanent you are eligible for unemployment.
you should contact EDD about unemployment benefits rules and regulations.

1171 can and would it be wise to pursue unemployment? I have a hearing for ssd in hopefully the near future. I was told by lawyer back in feb. that it would take 1 year before hearing. Also would the IC have to pay a 10% penalty for not increasing ppd 15% 2 months after not receiving job modification?

i don't have enough information to judge your decision.
yes, incorrect rate for PD advances would warrant penalty payment.

jimmyo1 Wrote:

Hello all CA nurse,

I called my employer last week to find out if they would accomadate my work restrictions. I was put at mmi in Feb. However, I was still not able to work because of a non-industrial injury. Employee health told me that the IC needed to be called about this issue.

I called my attorneys office and explained the situation. I received a call from the paralegal stating, "That the employer could not accomadate my restrictions and should have informed me of such." She also stated, "the IC does not have anything to do with the decision about my being able to return to work." I thought that I read somewhere that the IC and employer collaberats on the decision to return the injured worker back to a modified position. Also the paralegal said that the IC would be increasing my PD checks for now.

My questions is this correct. I was told that I could apply for unemployement and what about the fact that 4 months have gone by with out an offer of modified duty. Will I be able to apply for those months. Any advice would be appreciated.

mocha1010 Wrote:

jimmyo1 Wrote:

Hello all CA nurse,

I called my employer last week to find out if they would accomadate my work restrictions. I was put at mmi in Feb. However, I was still not able to work because of a non-industrial injury. Employee health told me that the IC needed to be called about this issue.

I called my attorneys office and explained the situation. I received a call from the paralegal stating, "That the employer could not accomadate my restrictions and should have informed me of such." She also stated, "the IC does not have anything to do with the decision about my being able to return to work." I thought that I read somewhere that the IC and employer collaberats on the decision to return the injured worker back to a modified position. Also the paralegal said that the IC would be increasing my PD checks for now.

My questions is this correct. I was told that I could apply for unemployement and what about the fact that 4 months have gone by with out an offer of modified duty. Will I be able to apply for those months. Any advice would be appreciated.

Hi i was told if you recieve workmans comp you can't receive unemployment benifits at the same time. You may want to check into that as I maybe wrong but thats what IC told me

you can once the impairment is permanent. most work comp programs have multiple disability benefits; not just one.