Redwood City, CA asked in Workers' Compensation and Employment Law for California

Q: I am off and getting 4850. I want to travel on vac with family. Can employer stop 4850 and make me use vac time?

CA Police Officer. Can employer require that I notify them if I am travelling and make me use vacation time instead of paying me 4850 even though I have medical certification that I am unable to work?

2 Lawyer Answers
Domingo R. Castillo
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Answered
  • Workers' Compensation Lawyer
  • Indio, CA
  • Licensed in California

A: As a general rule, no. Whether you are at home, hospital, staying with friends or on a short vacation, not employed elsewhere, and not doing any activities that are precluded by your work Comp doctors (PTP) or Primary Treating Physician, you should be okay. However you will need to attend all your medical appointments to qualify for your 4850 benefits. Medical appointments with your PTP are normally every 30-45 days. However there are exceptions. You should contact and speak to a attorney who specializes in representing law enforcement officers. Good Luck!

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: If you 'rest' and 'heal' traveling with family instead of sitting home, you are still recovering. If you get scheduled for a defense medical exam you will have to cut your trip short and get back to attend, so schedule brief travels. If you 'over-do' and re-injure the injured area you will have to explain to the treating physician how you re-injured yourself while 'resting' and confess to traveling. 99% of my injured workers do take a trip while on Temporary Disability / 4850 benefits and nothing happens.

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