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California - light duty and more ?
#1
Hello,

I will try to be brief in my summary:

I was hurt Jan 2012
off on light duty until June 2012 when ins company dr said I was cured, however I was not.
Went thru process to get QME review (still working, no restriction)
had QME review Feb 2013
QME report came in mail friday, says I can work but with restrictions, did not specify restrictions so we are waiting for specifics but its assumed light duty again which I am on
Employeer posts job opening for my position this past monday, the day they got dr report and I light back on light duty

Now the questions: I have a phone consult with attorney (not represented yet) to review the QME report on Tuesday

*note: QME report says temp disable pending review of MRI which I just did last week

If the clowns I work for let me go can I get unemployment since I am on light duty or what do I do?

on top of this workers comp deal, can I go after them for ADA violations or anything like that? wrongful termination maybe?

High stress time right now......feedback appreciated and thanks
 
Reply
#2
if you are temporarily disabled and the employer is unable to provide light work you are entitled to temporary disability payments until you become permanent & stationary or maximum medical improvement.
when your restrictions are permanent you are eligible for unemployment.

you might have an outside chance on an ADA violation if they don't discuss reasonable accommodation once you have permanent restrictions.
I don't see a wrongful termination action.
if you can show you were terminated in retaliation for filing a claim, you can file a discrimination complaint with the work comp board,
no law requires the employer to create a job for you.

you can file for unemployment prior to actually becoming eligible for benefits.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
so by them letting me go indicates they cant provide light duty work I assume?

thanks for the quick reply
 
Reply
#4
(03-07-2013, 03:21 PM)monkeymonkey Wrote: so by them letting me go indicates they cant provide light duty work I assume?

thanks for the quick reply

they can still offer you modified work.
it also increases your impairment benefit rate by 15%
http://www.dir.ca.gov/dwc/WCFaqIW.html#ReturnToWork
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
based on the way I have seen this company operate they will let me go as soon as the official doctors restrictions get to them next week.
If I am correct I should file for temp disability (based on the fact they can't provide light duty any longer ) soon as they do and that will last until I am P&S at which time I will either be on perm disability or unemployment, correct?

Again, thanks for the replys
 
Reply
#6
you can get both concurrently.
you may have to request the PD advances.
Be Well

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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