Injured, Light Duty, Demoted with Pay Cut...HELP!

[snoopycal]

On November 5th, I injured my left wrist and thumb at work and was sent to a worker's comp doctor. I was put on modified duty effective immediately. I work for a wholesale company and was a Supervisor at the time of injury. On November 19th, I was told that I was being demoted to a regular hourly employee and my rate of pay would decrease by $6.32 an hour (30% cute in pay). They told me that the decision was not based on me being injured but that cuts needed to be made.

The question I have is am I entitled to partial disability payments since my pay at injury is much lower than my new pay?

Thank You in advance

P.S. I work in the state of California

[1171]

doesn't sound like modified duty was because of your work injury.
but the demotion doesn't sound like a coincidence either.
under Labor Code 132a (anti-discrimination provisions) you could be entitled to additional benefits.
these have to be awarded by the comp court. I'd apply for both and let the judge decide.
if you are not represented you can contact an I&A officer for help filing.
http://www.dir.ca.gov/dwc/IandA.html

see guide #7
http://www.dir.ca.gov/dwc/iwguides.html

[snoopycal]

After my initial doctor's evaluation, the doctor put me on restrictions and work moved me out of my department to the front end still being paid my Supervisor's rate of pay. It wasn't until the 19th of November when I was told I would be demoted and my rate of pay decreased 30%. I am currently still on modified duty going through occupational therapy right now.

My main question is not the demotion but whether I can claim Temporary Partial Disability to make up the difference in pay from my current rate to the rate I was at when I was injured? I realize that it would be only 2/3 the difference but it would be more money than I am getting now.

Funny thing is I would be paid more if my company wasn't able to accommodate my modified restrictions since Total Disability Benefits would outweigh my current rate of pay.

[1171]

the facts of the case will be determinative especially as to why.
yes you can claim it but whether they will pay is unknown.