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Proper Procedure for Returning to Work
#1
Hi All - New to this forum and live in California.  Luckily, I found it.  I am getting ready to return to work at the end of the month but will need sedentary work after recovering from bilateral knee surgeries.  I was laid off (downsized due to use of electronic records it says) so have a note from my employer regarding that layoff to give the EDD.   I would like to look for work and file for unemployment in California. What exactly do I need from my doctor to present to the EDD so I can get some help with this transition so I can pursue any unemployment benefits which I may be untitled to.  Previously, I did desk work.  I was downsized after requesting medical treatment for a meniscal tear.  My employer let me go after I reported the injury and he was uninsured on the date of my injury.  This is a Unemployed Insurance Fund Case. 
DOI: 2014

1.  Can I look for light duty work and receive unemployment benefits? If so, what do I need from my doctor to give EDD for purposes of eligibility for unemployment?  I cant find any resource/information  on this topic. 

2. Also is it worth contacting the Department of Rehab?  Should I see the rehab people first or unemployment or both? 
My injury was in 2014.

Thank you, Phoenix rising.
 
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#2
do you know if your employer made their EDD payments?
You've been out of work for a while so I doubt your EDD account has much in it.
you should contact EDD first as your other questions may be moot.

if you have a PD rating you are eligible for a job training voucher:
http://www.dir.ca.gov/RTWSP/RTWSP.html
http://www.dir.ca.gov/dwc/sjdb/SJDB_FAQ.html

the voucher can be used for retraining with any of the VR providers listed here
http://www.edd.ca.gov/Jobs_and_Training/...r_List.htm
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
I agree with 1171. Your date of injury qualifies you for two vouchers through workers compensation totaling $11,000..The first voucher is $6,000. which can be used at state colleges and also tech schools listed on the DWC website and $500. of that can be used for anything (cash) and $1,000. can be used for a computer or computer equipment. Once you get your voucher you then qualify for another $5,000. voucher which you cash and can be used on anything. The second voucher you can apply on-line or at a kiosk at any WCAB. If you have questions you can call an I&A officer.It is very important for you to review the links 1171 provided or you may be leaving cash available to you now. Claims adjusters are not obligated to inform injured workers about this benefit.

I wonder if you would be eligible for work comp TTD in your situation since your employer is not being able to accommodate you. Sometimes a doctor will release an IW back to work on light duty and state if your employer could not accommodate then place them again on TTD. (I have no idea what your situation is). In CA there is a 104 week TTD limit.You may also be eligible for state disability, but not if you are able to work at this time.

Have you ever discussed your case (fired after filing a WC injury) with a work comp attorney or civil attorney? It is illegal to fire a person for filing a work related injury. There are time limits to file these types of claims and not every claim qualifies. This is info about 132(a) claim in workers compensation. I do not suggest filing this type of claim without discussing it with an I&A officer or attorney first. http://www.dir.ca.gov/DWC/iwguides/IWGuide07.pdf . You can contact the EEOC and DFEH as well.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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