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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Can You Be Required to Use Sick Time for Doctors Visits While Under Workers Comp

    While on the job, I injured my shoulder and was told to go see the workmans comp doctor. He has had me on physical therapy and on going doctors visits. My supervisor told me I have to use my sick time for all my doctors appointments and physical therapy sessions. I had plenty of sick time saved because I harldy ever called in sick, but now, my sick time has diminished from all the appointments I have had to go to. And now I am being told that by me having to take so much sick time, that could possibly affect my yearly evaluation. Is any of this legal?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    I am being told that by me having to take so much sick time, that could possibly affect my yearly evaluation. Is any of this legal?
    Your employER internal policies have nothing to do with the WC claim, as long as all other employEEs are treated in the same manner, there is no discrimination here. Though it would seem reasonable for your ER to take into consideration the reason for using your sick leave time. This isn't about "legal/illegal".

    The ER is not required to pay wages for time loss to see a Dr or PT. Those appts should be made on days off, or early/later in the day...PT could even be made at a lunch time. You are not paid TTD/Temp Total Disability as you are not 'disabled', or your PTP has not said you cannot work. There is no TPD/Temp Partial Disability paid, because apparently you are not suffering wage loss due to the injury. Treatment time is not considered as 'disability time", even though medically necessary.

  3. #3
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    you are entitled to one day of TD for every 8 hours of medical leave used.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    Where does is say the ER is obligated to pay "medical leave" for treating once you have RTW ?
    ONLY Connecticut requires this...not Calif.

    TD is paid when a Dr/PTP certifies "disability" exists...there is no disability for going to PT, or PTP office visit.
    In this scenario...NO TTD is due Bobbi.

  5. #5
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    Bvia:
    stop attacking my posts or I'll retaliate.
    don't start a war.

    Bobbi:
    here is the law:
    "(e) (1) When at the request of the employer, the employer's
    insurer, the administrative director, the appeals board, or a workers'
    compensation administrative law judge, the employee submits to
    examination by a physician, he or she shall be entitled to receive,
    in addition to all other benefits herein provided, all reasonable
    expenses of transportation, meals, and lodging incident to reporting
    for the examination, together with one day of temporary disability
    indemnity for each day of wages lost in submitting to the
    examination.
    "

    http://www.leginfo.ca.gov/cgi-bin/di...le=4600-4614.1

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    Well SH, the "law" you've provided does NOT have anything to do with "medical leave", there is no law that says a ER must pay wage replacement while a IW attends a PTP or PT appt while taking time from work. NONE

    You are siting a code for temporary disability
    indemnity
    , medical leave is NOT "disability". TTD is due when a Dr/PTP certifies disability exists. Further more...your code provided is relative to the medica/legal evaluation process. Not TTD/TPD.

    IF you are not working, but the PTP has certified "disability" exists, you are due TTD. ER's don't pay disability, IC do.

  7. #7
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    your eyes must be brown...

    you are a fool and a troll for constantly attacking posts and picking fights.
    your ego is very disruptive to those who need help.

    we'll do the best we can in spite of your BS.
    Last edited by SH.; 04-20-2011 at 12:08 PM.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    ooooooh, you've got me shakin...
    disruptive... in calling out your crap ? Absolutely.
    I'm not picking fights here... but you need to brush up on your Calif WC...as a "former" CA... with little creditability here... you surely have time on your hands.

  9. #9
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    lois:
    ask stewart to give the sites from his index. it's in there that TD applies to all treatment.

  10. #10
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Obligated to Use Sick Time for Doctors Visits While Under Workers Comp, Legal

    I'm surprised. it's been around for more then 30 years.
    as you may know the court often eschews obvious logic for more more politically expedient outcomes.

    try
    Mead v. Diamond International Corp., 39 CCC 1 (1974)
    in 2003 the supremes in
    State of California Department of Rehabilitation v. WCAB (Lauher)
    did limit it's application to pre-P&S.

    you're welcome.

    come again.
    the board could use some better information.
    Last edited by SH.; 04-22-2011 at 10:58 AM.

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