Sacramento, CA asked in Workers' Compensation for California

Q: I hurt myself at work and cannot perform within restrictions. Told to use personal sick to cover days off until appoint

I was given restrictions for an injury I had at work but cannot perform the job my employer gave me to accommodate my restrictions. I asked to be seen by a doctor to be revaluate but was told I can't get a sooner appointment than October 27th (4days) and if I choose to be off work because I can't perform within my restrictions I am to use my personal sock to cover days which I have exhausted. Is this accurate? Can I lose my job for leave without pay?

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1 Lawyer Answer

A: IMMEDIATELY GO BACK TO PHYSICIAN and demand restrictions that you CAN do, even if it is 'desk work only' or 'change positions at will, no repetitive movements at all'. If a physician writes you CAN do activity and you attempt the activity and cannot perform it, you go back to that physician and tell him you tried and failed and you will be fired if you are placed in work but pain stops you from doing that work. IF THIS PHYSICIAN refuses, IMMEDIATELY CHANGE PHYSICIANS. Changing physicians could take a week, so you won't get $$$ waiting around for the adjuster to OK your new physician. Plus your physician has to be on that Comp Insurer's Network, so you have to spend hours researching the 3 doctors on the network (the MPN) that are not total jerks. 98% of physicians on the network are jerks who will order you back to work that increases pain and dysfunction, so you must choose incredibly carefully. Those who cannot research doctors GET A LOCAL, EXPERIENCED ATTORNEY who knows the good doctors in the Sacramento Valley on your Comp Insurer's MPN.

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