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Reasonable Accommodation and P&S
#4
Thank you for your reply.

Knee surgery - torn miniscus. To my understanding the case is still open.

This is the information received: per WC Supervisor, the AME permanent restrictions are the only restrictions that WC will consider related to this claim. As the Division can accommodate your permanent restrictions, you are no longer eligible for Disability benefits for these restrictions. Further, Disability does not cover industrial injuries (work related injuries) unless instructed by Worker’s Compensation to provide payment. Since no additional restrictions received related to this claim will be accepted by Worker’s Compensation, you are not eligible for disability payments for the temporary restrictions provided by your Dr. Your claim is considered settled and you are receiving permanent disability payments. As a result, you would not be entitled to seek additional compensation for temporary restrictions related to the same injury, even though the restrictions are from your primary treating physician for your worker’s compensation claim.

I understand if I go out due to surgery, my benefits would revert back to TTD. I have confirmed this with the CA DWC Division. So, I am not sure why the Sup is stating claim is closed.

The fact that she mentions the AME restrictions override the PTP but is now using the PTP's restrictions as a way not to accommodate.

The Dept conducted 1-interactive process and this was on 4/01/19. I have paper trail of emails sent indicating interest in returning and need to discuss accommodations .. never received any replies. I believe the only reason I finally did receive one, was the fact I forwarded my unanswered emails to the General Manager.

Msgs/EM to 2nd Atty. - no reply, not surprised.
 
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Messages In This Thread
RE: Reasonable Accommodation and P&S - Proud2bme - 06-06-2019, 12:56 PM

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