modified work

[unhappy]

I just have a couple of questions...claim is CA.
I am on WC dr gave me restrictions but my employer couldnt accomodate those restrictions. An offer of modified work was given but I turned it down for a couple of reasons. I got a call saying that I would no longer recieve a check because I was offered modified work and didnt take it. I did decline per a labor code in CA. So can I file a appeal, and what is my status as far as my job and do I still get medical care.
I am so upset and frustrated at this point..any help or advise would be greatly appreciated.

I dont have an atty.
Thanks

[jayne]

if you were offered modified work within your restrictions and you turned it down you same as quit....you medical will still be covered... if you feel you were being railroaded get a lawyer

[unhappy]

jayne Wrote:if you were offered modified work within your restrictions and you turned it down you same as quit....you medical will still be covered... if you feel you were being railroaded get a lawyer

[unhappy]

I am not sure If that is true, I didnt quit my "job" just didnt accept the modified job. I understand that my checks have stopped...but need to know the what my next step is.

[jayne]

if they offered you a job within your restrictions and you turned it down please believe me they will take it as you quit.........your next step is to talk to your HR person and explain why you didnt take what you were offered...can you tell us why you turned it down?

[GsKnee]

jayne Wrote:if they offered you a job within your restrictions and you turned it down please believe me they will take it as you quit.........your next step is to talk to your HR person and explain why you didnt take what you were offered...can you tell us why you turned it down?

Jayne, I totally agree with you, a similar situation happened to me where my employer offered modified work, I tried it and was set back several weeks due to pain. The modified work reached beyond my restrictions, my surgeon tightened my restrictions and my employer continued to argue that the modified work was infact within my restrictions. My employment has been terminated at this point. The whole situation will be argued as I get closer to settlement.

Ginger

[1171]

yes, you can appeal the termination of your disability.
you can give your reasons and evidence to the comp court and they'll decide whether they are legitimate and whether you can be paid.
if you are not represented, contact the I&A officer who will help you file
http://www.dir.ca.gov/dwc/IandA.html

your employer controls your employment status with them.

all other comp benefits remain as before.

[unhappy]

1171 Wrote:yes, you can appeal the termination of your disability.
you can give your reasons and evidence to the comp court and they'll decide whether they are legitimate and whether you can be paid.
if you are not represented, contact the I&A officer who will help you file
http://www.dir.ca.gov/dwc/IandA.html

your employer controls your employment status with them.

all other comp benefits remain as before.

[Bad Boy Bad Boy]

Since you stated in your very first Post on this Thread that the employer could not accomodate the medical restrictions, I would think your saying the job offer of Modified work didn't meet the restrictions neither. being you said this first, I too would agree with 1171, and you, as to the right of an Appeal.

Oh, welcome to the forum.

unhappy Wrote:I just have a couple of questions...claim is CA.
I am on WC dr gave me restrictions but my employer couldnt accomodate those restrictions. An offer of modified work was given but I turned it down for a couple of reasons. I got a call saying that I would no longer recieve a check because I was offered modified work and didnt take it. I did decline per a labor code in CA. So can I file a appeal, and what is my status as far as my job and do I still get medical care.
I am so upset and frustrated at this point..any help or advise would be greatly appreciated.

I dont have an atty.
Thanks

[unhappy]

Thanks for all the advise, but I still have an issue with the employment status, I am going to file an appeal as I am only following the ca law. I have not quit I just said I wasnt going to accept the modified duty and explained the reasons why, I have had no one tell me I am no longer an employee. I have talked to 7 I & A officers and 6 out of the 7 gave me the same answer and pretty much agreed with my reasons. Can I fill out the forms and file or do I need to have a I & A officer file them for me? Since I never said I quit, but lets say they say I did by not accepting the modified work and the comp court says It is legitmate do I get my job back?