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  1. #1
    Join Date
    Apr 2011
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    11

    Default Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    My workers compensation claim was made in the State of: California

    After being off work for several months due to a carpal tunnel injury, my doctor signed me off to go back to my regular job with restrictions. However, my employer igorned my doctor's notice. They didn't contact me to tell me if they are going to take me back not. I know they received the doctor's note because workers comp and their lawyer confirmed they received a copy as well. On top of that, workers comp suspended my benefit payments.

    What the heck?! So if my job is going to pay me and workers comp isn't going to pay me then what should I do? I feel this is completely unfair!

    Any advice?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    There is nothing unfair about this.
    When you are released to return to work, at MMI/max med improvement, your ER must address the RTW/return to work issues under the labor code, and AB2222, the interactive process.\

    The ER must determine, within 60 days of your being declared MMI, whether or not a suitable job is available. If there is, your PD indemnity would be reduced by 15%, if not, increased by 15%, depending on the facts surrounding your claim of course.

    There is no law that says your ER must bring you back to work, only that they make the effort, or show financial reason not to.

    Once you are MMI and rated for PD/WPI, your indemnity benefits will begin. If there is a dispute, you go to PQME or AME.

    IF your Dr continues to certify disability exists, and you've been paid the max TTD, you could apply for SDI/State Disability Ins.
    You may be eligible for UI benefits, and should apply for those when you know the ER cannot bring you back to work.

    Have you discussed your options with your atty...?

  3. #3
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    Apr 2011
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    11

    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    I'm still unclear about your post. So if my doctor says I can return to work, and my employer ignores that request and doesn't contact me to tell me if they have a position or not, that is okay? Shouldn't the employer at least let me know? My attorney said if my employer doesn't have a position for me then workers comp is supposed to take responsibility and continue paying me. But instead they have discontinued my payments. My attorney told me to apply for SSI.

  4. #4
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    Calif
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    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    You are not eligible for SSI... SDI maybe.
    Or UI. IF your ER cannot bring you back to work.

    There is a difference in being released to work at TPD/Temp Partial Disability, the law does not require the ER to make a light duty or modified job available. If that is the case, you would return to TTD status.

    But you said you are MMI, and released to RTW....TTD stops, there are no additional wage loss benefits once you are MMI.
    There are PD advance payments based on the rating.
    My attorney said if my employer doesn't have a position for me then workers comp is supposed to take responsibility and continue paying me.
    You are in Calif ?
    There are no wage continuation benefits once you are MMI and released to RTW. Just the indemnity benefits, and those are paid at a significantly less rate vs TTD.
    So if my doctor says I can return to work, and my employer ignores that request and doesn't contact me to tell me if they have a position or not, that is okay? Shouldn't the employer at least let me know?
    Like I said... the ER must respond within 60 days of MMI whether a job offer can be made. If not, then your PD indemnity may be increased, and you could be eligible for a SJDV/Voucher for retraining services.

  5. #5
    Join Date
    Apr 2011
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    11

    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    I guess what i'm asking, is it okay that my employer doesn't give me any indiction as to whether or not they have modified work duties position for me? Meaning, after I send in the doctor's note saying I can return to work, they never respond at all as if they didn't receive that letter. Know what I mean? I should at least get a letter in the mail right? If my employer doesn't have a job for me and i'm still partially injured, isn't workes comp responsible to resume benefit payments?

  6. #6
    Join Date
    Feb 2007
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    Calif
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    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    guess what i'm asking, is it okay that my employer doesn't give me any indiction as to whether or not they have modified work duties position for me?
    Ok...DID your Dr say you have reached MMI?
    Have you been released to return to work...not light duty...but MMI and released...?
    Your ER must respond within 60 days. You don't get a phone call, or a note in the mail...a letter with or without a job offer within 60 days.
    DID you call the ER and ask about a return to work? It's your responsibility too...
    If my employer doesn't have a job for me and i'm still partially injured, isn't workes comp responsible to resume benefit payments?
    Not TTD or wage replacement. Only the Permenant Disabilty indemnity benefits. At a lower rate.
    Doesn't matter whether you return to work in the same job, or same ER... if you don't want to work, no one can force you. But the comp benefits/TTD stop. The PD pays out based on the rating, then that stops.
    The presumption is, you return to work..if you want.

  7. #7
    Join Date
    Apr 2011
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    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    Disregard my last post. What is MMI? I'm still temporary injured. But it looks like my condition is going to be permanent. What do I do after 60 days if I haven't heard from my employer with their decision?

  8. #8
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    maybe they didn't get the letter or it got misplaced.
    you may be entitled to permanent benefits after you are MMI, if so you can request advances.
    before they can determine the exact amount you'll need a rating.
    more information in the factsheets:
    http://www.dir.ca.gov/dwc/iwguides.html

  9. #9
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    Apr 2011
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    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    Is MMI a permanent injured status? Are permanent benefits paid through state disability? If I get a new job that is within the restrictions of my doctor, will I still be eligible for permanent benefits?

  10. #10
    Join Date
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    Calif
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    Default Re: Employer Didn't Take Me Back and Workers Comp Stopped Paying Me

    Quote Quoting dbrodit82 View Post
    Disregard my last post. What is MMI? I'm still temporary injured. But it looks like my condition is going to be permanent. What do I do after 60 days if I haven't heard from my employer with their decision?
    You can be "temporary injured" for the rest of your life... you need a determination of MMI, and a PD/WPI rating from your Dr.
    Your TTD stops at MMI.
    The PD indemnity is less, much less than TTD.

    If you haven't heard from your ER within 60 days... your benefits could be changed...and you could receive a voucher for retraining.
    But if I were you, I wouldn't wait that long...call your ER, or start looking for a new job.
    In the meantime, file for the UI benefits.

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