can this really happen?

[nov.wright]

last week i quit my job. i made this decision for my own sanity. I have been through way too much to continue w/a company that I have no faith in nor do I trust. This company has harassed me, bullied me, lied to me and on me ever since I filed a w/c case. Mostly everyone I know that works for this company is not happy and have alot of people have been done wrong. If it weren't for the economy and the desperate need for jobs now a days I think most would leave.
So, like i said i quit w/a notice and it was all understood and it went smoothly. Now, not even a whole week later, i get mail from the insurance company for "Notice of offer regular work/retraining and return to work unit." the documentation offers a position but does not state what it is. It states that I must fill out this form and agree to or reject the available position my benefits will be decreased by 15%. i am currently able to work my former position w/no restrctions but, due to the stress and am not p&s. i just chose not to continue to work with this company any longer but now i get this documentation.
Does anyone have any idea what this about and how i should handle it? When I saw the QME the report stated that "when considering all medical causes of the current physical/orthopedic disability, it is medically probably that the approxiamte percentage caused by the industrial injury/exposure is 100%.

reside in California/dx 1.) cervicalgia, lumbago, & sciatica c-spine from xray showed "reversal of the usual cervical lordotic curve w/a mild kyphosis centered @ c 4-5 level." 2.) muscle spasm over right cervical and upper thoracic papaspinal muscles as well as over the right lower lumbar paraspinal 3.) myofascial trigger point in the "ECRL & FCR." 4.) Tinel's test positive for paresthesias into the median hand w/percussion of carpal tunnel and ulnar hand w/percussion of the cubital tunnel on the right.

[AQA]

I am afraid that by quiting. You will not get any monitary benifits from the IC. Unless, your dr. lists that you can not work.

I recall when I got let go. The next week I told my dr. and he listed that I can no longer work. By doing that, I started to receive weekly monitary benifits.

[1171]

you understand it correctly. what specifically did you want to know?
Return to work regulations provide an incentive for employers with 50 or more employees to bring injured workers back to the job: Employers with 50 or more workers who offer injured employees regular, modified or alternative work will pay 15 percent lower weekly permanent disability benefits once the offer is made. Conversely, employers with 50 or more workers who don't make a return to work offer will pay 15 percent more in weekly permanent disability benefits.

those extra or reduced benefits are added to or subtracted from those of the affected employee.

here's the regulation:
http://www.dir.ca.gov/t8/10117.html

[nov.wright]

1171 Wrote:you understand it correctly. what specifically did you want to know?
Return to work regulations provide an incentive for employers with 50 or more employees to bring injured workers back to the job: Employers with 50 or more workers who offer injured employees regular, modified or alternative work will pay 15 percent lower weekly permanent disability benefits once the offer is made. Conversely, employers with 50 or more workers who don't make a return to work offer will pay 15 percent more in weekly permanent disability benefits.

those extra or reduced benefits are added to or subtracted from those of the affected employee.

here's the regulation:
http://www.dir.ca.gov/t8/10117.html

I am not going to accept the offer. I found another job. My question is if I haven't even been deemed P&S can they send this to me already? I have not contacted wc or anything to say that i cannot work because of my injury or anything of that nature. I just do not want to work for that company. So, reguardless if not accepted they will hold 15% if monies are to be paid out in the future? It just doesn't make sense to me that they would be able to do this if I'm not P&S and send this to me after I have already resigned. Should i go to my Dr.?

[1171]

it's not about whether you accept or not; you are free to choose or change your mind.
the payment change is triggered by the offer; no timely offer: payments are increased.

they can send it early.
they still have to send it before 60 days from your P&S date.

if the offer is sent outside of the 60 days window you can object to the deduction.

yes you can still get medical treatment for the injury.

[nov.wright]

1171 Wrote:it's not about whether you accept or not; you are free to choose or change your mind.
the payment change is triggered by the offer; no timely offer: payments are increased.

they can send it early.
they still have to send it before 60 days from your P&S date.

if the offer is sent outside of the 60 days window you can object to the deduction.

yes you can still get medical treatment for the injury.

1171,

Thank you for responding and helping me through this. I have been through the website you included but, I am unclear of what to do. Do I just go ahead and sign the paper rejecting the offer and move on w/my new job? It appears either way, there will be that 15% decrease unless I return w/that company. I just want to make sure that I make the right decision and handle everything accordingly and w/understanding to what I am doing and agreeing to. It seems so threatening to me. Like if I don't come back to the company you will end up screwing yourself in the long run. How can all of this affect my new job? I just want to be done with my old company and move forward. Alot of my pain is triggered by the stress especially in my neck, shoulders, & arm. I know that I will need further medical treatment but I just have a hard time seeing where all of this is going? Any suggestions?

[1171]

it should not affect your new job.
It sounds like while you are clear about leaving your current employer you want more time to think about signing. you can put "unsure".
these provisions of the law are difficult to implement as both the employer and the employee often change their positions later yet the payment schedule remains.
If you want advice you should seek an atty. Information can help but the decisions should be yours.