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Reasonable Accommodation and P&S
#2
You need to contact an employment attorney who deals with this type of issue for legal advice.

My suggestion from what you wrote above as a non expert is to be aggressive with returning to work and try to work these issues out, if you can do the position with what the AME wrote as restrictions without reinjury. If your PTP believes you will reinjure yourself then I would discuss with your employer.

You should be receiving TTD if they cannot accommodate your restrictions. You can try file for State Disability through EDD in the mean time if they are refusing to allow you back to work and refusing to pay you TTD.

You should contact your work comp attorney to discuss these issues as well. He may be able to file a 132a (not sure)

When attempting to return to work I would suggest making more than one attempt and also keep a paper trail. This will be important if you need it later.

Have you called your HR department and tried to work this out? Often times these things can happen due to incompetence or miscommunication. Hopefully someone in your HR department will work with you to help resolve this.

Can I ask what type of surgery you are scheduled for?I don't see how your claim is closed. How did your surgery get approved if your claim is closed?
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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RE: Reasonable Accommodation and P&S - California_Help - 06-06-2019, 11:29 AM

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