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Is injured worker paid for time spent filling out all - Printable Version

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Is injured worker paid for time spent filling out all - drivergoudie@gmail.com - 07-14-2019

THIS POST RELATED TO CALIFORNIA WC LAW:

Hi out there! I've tried researching this question but can't find an answer.

I reported injured shoulder 6/18/19, employer required me to complete telemed process during normal work hours at work site, 15 min.

0n 6/19 after working a full 8 hour day (I started at 3 a.m.) at worksite, employer required me to drive 20 miles to their administrative office (I otherwise never have to go there) to help them fill out the WC1 and company/insurance required injury documentation, 1.3 hours, not including commute time, (should be at time and a half rate at this point). I drove another 20 miles back home. An hour and a half later I get a call from their office manager telling me I HAVE to go to their doctor's office for evaluation "today". I got there at 4 p.m. and they wouldn't see me that late in the day. The time wasted including commute was about 45 min.

As demanded by the employer, on 6/20 I returned to their doctor's office at 8 a.m. and completed the exam 3.9 hours later (otherwise during my regular work hours and days). Released back to work with light duty restriction.

On 6/21 the employer advised they had to redo some of the paperwork from 6/19 due to their error. They required me to meet with them to sign new forms. By this time I had been released from my regular full-time assignment because the on site manager said I had "too many work restrictions". Now without a regular assignment I was effectively on-call, losing hundreds of $ a week.

Here's the question: I submitted all of the above time the employer REQUIRED me to do something for them on my time sheet. They have refused to pay even a dime!
Am I legally entitled to wages earned for these times?


RE: Is injured worker paid for time spent filling out all - 1171 - 07-14-2019

I don't know when they stopped paying you.
since you did not miss any time due to disability, it doesn't seem to be a work comp issue as much as a labor/employment law dispute.
i would contact your local labor commissioner:
https://www.dir.ca.gov/dlse/

you didn't make it clear if the restrictions were those imposed by the doctor for the work comp injury. if they were, the you would be entitled to some temporary disability from the work comp carrier.


RE: Is injured worker paid for time spent filling out all - 1171 - 07-15-2019

Why did the employer say they wouldn’t pay you? Are you still getting treatment? Have you discussed this wage issue with the comp carrier?


RE: Is injured worker paid for time spent filling out all - drivergoudie@gmail.com - 07-16-2019

(07-15-2019, 12:10 AM)1171 Wrote: Why did the employer say they wouldn’t pay you? Are you still getting treatment? Have you discussed this wage issue with the comp carrier?

THANK YOU SO MUCH FOR YOUR REPLY "1171", I am grateful for your interest. Here's your answers:

Right?!! I can't believe theyre trying to stiff me myself especially since they are always gushing about how much they appreciate their drivers (I'm a Class A, Commercial). Boy, do actions speak louder than words.

Anyway, the first manager I emailed never responded. The second one told me to talk to another staff person who also never responded to my detailed email. But when I followed up with another email (I like to have stuff like this documented in writing) he wanted me to "give him a call if I wanted to discuss it". He obviously thought he could avoid having any incriminating evidence show up in a written reply to my email by instead talking about it in person. I declined, by this time I could see the writing on the wall. So to answer your question, they have never given me a reason for refusing to pay me, they just ignore my emails.

I am still getting checked out by their doctor once every week or so and have physical therapy appointments scheduled. I'm taking their prescribed anti-inflamatory as instructed.

I just contacted the employer's "corporate contact" for the wc claim via email and followed up w/voicemail. Also left voicemail with adjuster but don't have her email address yet. Awaiting their replies.

I so appreciate your analysis "1171", you accurately pointed out I have not missed any work due to the injury, and since I lost the full-time assignment I was on the day after they were notified of my "don't lift, push or pull more than 15 lbs" work restriction--there has not been much work to miss. I'm now on-call and have worked only three days in the last three weeks (i've had to decline another two days of work because they conflicted with my "required" wc doctor appt.). So it would seem you are probably right, this is a wage and hour issue. Contacting Labor Commissioner, Thank you!!

I would be grateful for your analysis on the drastic reduction in work hours due to employer not having medical job-restriction appropriate assignments available. Thank you again!


RE: Is injured worker paid for time spent filling out all - 1171 - 07-16-2019

Since you’ve lost wages since you were put on the lifting, push, pull limitations, you may be entitled to some temporary partial disability. You’ll have to supply the carrier with your before and after earnings while you are restricted to see if you qualify. You are also entitled to mileage for all your mdical appointments.
For more information on those benefits go here:
https://www.dir.ca.gov/dwc/I&A_mileageForm.pdf
https://www.dir.ca.gov/dwc/FactSheets/FactSheet_c.pdf


RE: Is injured worker paid for time spent filling out all - drivergoudie@gmail.com - 07-19-2019

(07-16-2019, 02:11 AM)1171 Wrote: Since you’ve lost wages since you were put on the lifting, push, pull limitations, you may be entitled to some temporary partial disability. You’ll have to supply the carrier with your before and after earnings while you are restricted to see if you qualify. You are also entitled to mileage for all your mdical appointments.
For more information on those benefits go here:
https://www.dir.ca.gov/dwc/I&A_mileageForm.pdf
https://www.dir.ca.gov/dwc/FactSheets/FactSheet_c.pdf



RE: Is injured worker paid for time spent filling out all - drivergoudie@gmail.com - 07-19-2019

1171, your correct again, as usual. Amazingly, when I called the stupid State W.C. navigator, she incorrectlyt told me I could have to wait up to 90 days before getting the temp disb. Once again, you can't always trust those publicly paid to help you understand complicated matters. My own research shows that UNLESS THE CARRIER DENIES YOUR CLAIM, they are required by law to pay temp. disability in the interim 90 investigation period.

thank you again 1171 for all your help. Be blessed!


RE: Is injured worker paid for time spent filling out all - 1171 - 07-19-2019

Glad its working out for you.
Be Well.