Sacramento, CA asked in Workers' Compensation for California

Q: I went out on WC for stress. My supervisor is asking for all of my keys and passwords. Should I be alarmed at this?

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1 Lawyer Answer

A: Should you be 'alarmed'?? Depends on what 'alarmed' means. If you are asking if you are being investigated, then YES.

Psychiatric injuries have to be caused 51% by the employment event; if the supervisors find non-industrial stressors on your computers and devices, they are permitted to show all of those to an evaluating psychiatrist and a WCAB Judge.

If you are asking can you be re-assigned as a result, then YES. If you are telling a physician that this job assignment is injuring you and they physician writes to the company that you can no longer perform this work assignment, the company can react to that physician's directive by re-assigning you. If you are asking if you are going to be terminated, while it's possible it is not likely; Labor Code 132(a) makes is a misdemeanor crime to terminate a worker in retribution for requesting workers comp benefits.

YOU HAVE OTHER PROBLEMS: there are no more 'stress claims' in workers comp. You can have an injury to psyche for a 'sudden or extraordinary event' like a terrorist shooting or a co-worker dying in front of you, but just being upset with a boss' criticisms is not longer recognized as a work injury.

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