+- Workers' Compensation Discussion Forums (http://www.workerscompensation.com/forums/general)
+-- Forum: Category (/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: Ca. labor laws modified work ? (/showthread.php?tid=8067)
Ca. labor laws modified work ? - pridenme2 - 08-11-2009 05:30 PM
This is my second time out on workman's comp for my knee. I have had two surgery's on my knee. Most of the time i been out my Dr. has had my on modified work but my job has not had any modified work for me. Then someone from my Job called and offered me modified work after all this time I said yes. Then they told me it was for the day shift. I had to turn it down I have no way to get there for the day shift. I was hired for the shift I never worked day shift at my job because I have no way to get there for day shift. My case work told me I would no longer be getting my workman's comp checks because i turned down the offer of modified work. Someone else said they though I could refuse the offer if it was not the same shift I got hurt on. I ask my case worker to fax me the rule/law and she told me to call Ca.DWC. I call it took 3 days for them to call me back. I did some research on there web site and found Title 8 10003 section 4658.1 (F) which as I understand says I can refuse offer if its not the same shift. I asked DWC person when they called me back she did not know she said to call my Job and get them to call my case worker and tell them there was no work for my shift. Work call WC but not my case worker no one seem able to explain this labor code to me. I am going to fax it to my case work. But dose anyone know if this labor law aplyes to me. What can I do about this.
RE: Ca. labor laws modified work ? - chrischris - 08-12-2009 12:09 AM
Your employer is only responsible to make an offer of modified work to you. You have the choice to either accept or reject the offer. If you reject, your benefits will cease, and your employer will probably fire you. It is not your employers responsibility to provide your transportation to and from work.
1171 will be along, and explain it better than me.
I hope it works out for you.