Modified work

[eaglewoman]

I am in southern California and have worked as a waitress for 35 years. I have been with my current employer for 4 years. After months of giving away shifts, tables, stations, and asking for time off to let my feet rest, not getting it and calling sick, I finally went to a podiatrist. I was diagnosed with chronic tendonitis (tendonosis) and a torn achilles heal. When I brought in my dr's note for 4 weeks total temporary disability my employer said to go get well, when I filed for worker's comp all hell broke loose!

My question is this: What is considered realistic modified duty.

This is what happened. When I returned to work I discovered my title had been changed to hostess. I can't walk to seat people any more than I can wait on them. I am supposed to answer phones. Fine. But what happens when the party on the phones whats me to go do something like get somebody or some information that is not at my finger tips? Also they have relieved the other servers of their meanial duties like napkin folding and scooping butter when I am there. I do it for them.

I'm supposed to do this 41/2 hours 5 days a week!

Is this a demotion? It sure feels demeaning.

How long can they making do this mind numbing job?

[wootk1967]

in my state as long as the employer can accomodate you with a modified job we have to show up or run risk of having WC benefits poss modofied or teminated. the only option would be have the doctor take you back out of work. I'm facing a similar situation, im filing, shuffling papers,its not only mind numbing, its irritating my injury.

[1171]

it's the employers job and as long as it meets the doctor's restrictions it qualifies.
"demeaning" and "realistic" are subjective terms and are not part of the legal reference.
you should discuss it with the employer and suggest other alternative duties.
while there is no specific legal definition of modified work prior to the employee being permanent & stationary or at maximum medical improvement, there is when it triggers eligibility for supplemental job displacement benefits.
more information here
http://www.dir.ca.gov/dwc/rehab.html

you can challenge the job offer with the work comp court
contact the I&A officer for help
http://www.dir.ca.gov/dwc/IandA.html

[1171]

wootk1967 Wrote:in my state as long as the employer can accomodate you with a modified job we have to show up or run risk of having WC benefits poss modofied or teminated. the only option would be have the doctor take you back out of work. I'm facing a similar situation, i got demoted and the work im doing , filing, shuffling papers, is not only mind numbing, its irritating my injury. I have an emergency appt with my Doc to take me back out. I do understand my employer does not have to keep my job and can terminate me at any time , which I think will probably happen to me. ..Somthing you need to think about, and discuss with your Doc and atty. all the best.

if you are taken off work you have up to 12 weeks of job protection if your employment is covered by FMLA
http://www.dol.gov/whd/fmla/index.htm

[Bad Boy Bad Boy]

At any time you feel or think the Modify work your offered isn't helping you, that you then talk with your treating doctor, explain what modify work your getting. Then let that doctor make all the needed changes in writting to what they wish your restrictions at work be. But, can the employer then comply to those new restriction's? You wont know till it takes place.

[wootk1967]

1171 and Bad Boy you two have been very helpful to me and im sure to countless others over the years and I thank you. very sound suggestions, backed by fact. what more could we ask for? Thanks again.