modified work

[jayne]

only time and the court will tell....

[1171]

yes you can file them yourself.
I'm sure you provided the I&A officers more detailed information. follow their advice.

if you believe you've been discriminated against you can also file for increased compensation. the comp court can order a return to work as part of a finding of discrimination.
it's a separate filing under labor code 132a
see guide #7
http://www.dir.ca.gov/dwc/iwguides.html

[unhappy]

1171 Wrote:yes you can file them yourself.
I'm sure you provided the I&A officers more detailed information. follow their advice.

if you believe you've been discriminated against you can also file for increased compensation. the comp court can order a return to work as part of a finding of discrimination.
it's a separate filing under labor code 132a
see guide #7
http://www.dir.ca.gov/dwc/iwguides.html

[unhappy]

thanks again for all your help.
I am thinking I am still an employee until they fire me or I say I quit...when the modified job was offered I explained why I was not going to accept that modified job but would be glad to accept something else that fit with my restrictions and with the ca laws..HR has not replied to my request on what my status is as an employee

[Bad Boy Bad Boy]

I have to say, I'm PROUD to see here an Injured worker that was been showing effort in trying to learn their State Laws and Rules as they pertain to Work Comp and their injury. I'm very proud of you Unhappy. And then, as you like others learn we then learn ways we can use those Laws and Rules. Good Job on your part Excellent Job.

[unhappy]

Thanks much for the help & kind words...years ago I never would have fought for myself...and even thought my work injury isnt huge compaired to others, I am not going to do something to hurt myself/or feel pressured into going back to work. I feel that some of the rules are open for interpetation which is frustrating..it seems if you are on temp dis. you dont have rights..that seems wrong and I am going to go forward with the fight no matter what the out come..I feel I am right and will do what I have to do to prove it. It just really brings you down first the injury, then the emotional rollercoast, and stress.

[1171]

modified work that is not approved by the doctor or within the doctor's limitations does not qualify as modified work under workers compensation laws.

[unhappy]

I have just been notified that my payments have ended because I didnt accept the offer of modified work, I have filed the paperwork with the RTW dept. So not sure what happens next. Does anybody no who makes the decision to end the payments?
Thanks

[jayne]

the IC made the call now only the judge can get it started again....so you will need to file some paperwork....can you tell us what was the job offered and why did you turn it down? how was it outside your restrictions?

[jayne]

OK since you wont tell us why maybe I can guess......if you turned it down because they wanted you to lift 15 or more lbs and the Dr said no more than 10 then you can turn it down...
if you turned it down cuz they wanted you to work a differnt shift than you wanted to..... that isnt a good reason to turn it down and they can let you go for that...
If you turned it down cuz they wanted you to wait tables for 8 hrs a day and both your legs are in casts you got the right to turn that down...but if they offered you to answer phones and roll silverware for 8 hrs you do have to do that if the Dr said you can sit and use your arms as long as they give you a place to sit and put your legs up......IC are pretty smart......if they stopped it you can bet its gonna take a lawyer and or a judge to get it restarted....