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  1. #1
    Join Date
    Mar 2020
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    6

    Angry Current WC Claim and Employer Harassment

    My workers compensation claim was made in the State of: California
    I am a CDL driver, in November i was on the ramp and someone ran up on me i was startled and slipped and twisted my knee. Dr. said i couldnt drive so i was placed on light duty which was in the warehouse. I noticed everyone in there wore ear pods so i did the same, the warehouse manger gave me a hard time saying they were not allowed, okay i apoligize and dont use those again. Everyone else still does. He says he hasn't reviewed my restrictions and i tell him i have to alternate between sitting and standing due to the knee pain. cant lift, push, etc... he says until he sees the restrictions i will need to stand all day except on my break. i am only 22 years old so i think maybe this is a rule, so i stand all day. After reviewing the paperwork he begins to follow and time me in the restroom, at break calling me out for sitting too long. even calls me an idiot.

    so at this point i am having anxiety, i dont want to go to work, dr still has me on light duty. So the manager decides i should mop up the area we use to clean the totes that we delivery goods in. I do it for a few weeks and 3 weeks in i slip and fall on the same knee. My coworker helps me up, calls HR and the manager. I am told oh just put some ice on it and take tomorrow off.

    I say no im going to the DR. i arrive and he puts me off of work due to the injury and specifies on the form that the employer in non compliant. so i have been off for 5 weeks. i get a call last Thursday that a nurse case manager will be at my appointment Friday okay i say. I go to my appointment knee still swollen and stiff, we are waiting on a specialist but no openings. Dr says the employer has a light duty job for me and to call hr to find out.

    Okay i call HR and the job is the complete opposite shift that i worked. Original shift 4am - 2pm they told me this is 5pm to 1am. I said i never was available to work those hours due to childcare. i was told that was all they have if i dont take it i lose my workers comp benefits.
    i call my case worker and was told the same thing. i know they are doing this on purpose, i am just so stressed out because how am i going to be able to work and find daycare for those hours. i dont sleep, have panic attacks, knee still hurts, doctor said now i have a limp and back pain due to the knee.

    i am meeting with an attorney today, so hopefully he can help me since i am so new to this. If they cut my workers comp due to me refusing the light duty and i eligible for CA SDI?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,171

    Default Re: Current WC Claim and Employer Harassment

    In cases like this never refuse any work offered at least try (or look like you're trying.)

    You have to play their game back on them, drive them crazy.
    Always play the "Oh I wish I could do more" and appear to be struggling but yet get nothing done - after a while they'll pull their hair out and either lay you off or fire you.
    Either way, you'll then be eligible or wage loss benefits - give em hell.

    I know its easier said than done but when dealing with pricks play their game out to the end. - force their hand.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Mar 2020
    Posts
    6

    Default Re: Current WC Claim and Employer Harassment

    if i take the job and call in sick due to the pain and they fire me since i have no days remaining will my workers compensation stop

  4. #4
    Join Date
    Oct 1971
    Posts
    5,171

    Default Re: Current WC Claim and Employer Harassment

    Quote Quoting JCCali View Post
    if i take the job and call in sick due to the pain and they fire me since i have no days remaining will my workers compensation stop
    I'd advise against it, they may have grounds to claim an unexcused absence if you don't have a doctors excuse - don't give them a valid reason to fire you.
    I say go there and play the game, hell have fun with it - play like you're crippled in pain and trying like hell, when no ones looking give the asshole boss a grin and let him know you're playing with him.
    All you have to do is go there and appear to be trying, there's no law saying you have to succeed.

    Force their hand, they'll break.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Mar 2020
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    6

    Default Re: Current WC Claim and Employer Harassment

    they have just messed up my mind so much. I know i cant quit, but that is what they want

  6. #6
    Join Date
    Mar 2020
    Posts
    6

    Question Light Duty Job and TTD Payments if I Get Fired

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

    I am going back to light duty and when i was previously on light duty i was told i would be fired if i take time off for my workers comp doctors appointments as i have to PTO. So now if I call out sick and go to my doctor because of my pain bringing a note back can they still fire me while on light duty? And, if they do will i still receive my TTD payments biweekly?

  7. #7
    Join Date
    Mar 2020
    Posts
    6

    Question Lc 4658.1

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

    Going back to light duty with the opposite schedule days to nights. adjuster says they have the right to change my schedule but what does this mean in the
    Labor Code The condition shall be conclusively deemed to be satisfied if the offered work is at the same location and the same shift as the employment at the time of injury.4658.1

    The condition shall be conclusively deemed to be satisfied if the offered work is at the same location and the same shift as the employment at the time of injury

  8. #8
    Join Date
    Oct 1971
    Posts
    5,171

    Default Re: Lc 4658.1

    So now if I call out sick and go to my doctor because of my pain bringing a note back can they still fire me while on light duty?
    You got that backwards, you go to the doctor, get a no work write up then present it to the employer, anything else might get you in trouble.
    As far as that labor code 4658.1, if you do not object to the change of shift or location within 20 days, the offered work will be deemed acceptable - that adjuster should've informed you of your right to object, he's playing games.
    Don't be rude, tell them thanks for the offer but the shift change wont work out, you object to the offer - see what they do.

    If you want, you can mention Labor Code - LAB 4658.1 - ask if they're aware of your right to object and why you weren't informed of such.

    California Code, Labor Code - LAB 4658.1
    f) The condition that regular work, modified work, or alternative work be located within a reasonable distance of the employee's residence at the time of injury may be waived by the employee.  The condition shall be deemed to be waived if the employee accepts the regular work, modified work, or alternative work and does not object to the location within 20 days of being informed of the right to object.  The condition shall be conclusively deemed to be satisfied if the offered work is at the same location and the same shift as the employment at the time of injury.
    https://codes.findlaw.com/ca/labor-c...ct-4658-1.html

    You better lawyer up soon - I merged all of your posts, they're the same topic.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
    Join Date
    Mar 2020
    Posts
    6

    Default Re: Lc 4658.1

    thank you, i retained a lawyer yesterday. he is contacting adjuster and employer regarding schedule change also changing doctors from the clinic to a specific doctor and asking for a referral to a surgeon. man this is crazy

    i did object to the offer with the adjuster and she said that the employer has the right to place me in any position regardless of the shift. I told her its the complete opposite shift it will turn my life upside down i have a child i care for overnight. her response was maybe a grandparent can help. i cant believe it. that was yesterday i let my lawyer know he is contacting her today

  10. #10
    Join Date
    Oct 1971
    Posts
    5,171

    Default Re: Lc 4658.1

    Without a lawyer these people will trample you -They have zero regard for the laws or your well being, they're looking for any way out and could care less how they get there.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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