Concord, CA asked in Workers' Compensation for California

Q: After seeing pain management Dr. He puts me on light duty. How will that effect my workcase in cal my job can't accomate

My Attorney had me go to a PIAN management Doctor the pain doctor examined me asked a few questions ,has me returning to the surgeon for re-examination and has now put me back on light duty. I know my employer can't accomedate light duty.will I be compensated through workers comp. again.

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1 Lawyer Answer

A: You MUST report for work -- go in person -- even though you 'know' the employer won't find light work for you. If you fail to show up for modified duty and the employer tells the adjuster you never reported for work, then you will not get Temporary Disability from the insurer. REPORT FOR WORK and when you are sent home, WRITE THE ADJUSTER THAT you appeared at work for modified duty, you were refused modified duty, and that Temporary Disability checks need to being immediately. Send that note by regular mail and fax, save the fax transmission report (you may need to show a judge later). When an injured worker reports for modified duty and upon arrival, the employer refuses to immediately provide modified work matching the physician's specific restrictions, the worker is due Temporary Total Disability payments by the insurer. But the insurer won't pay unless and until they know you can document you appeared for work and the employer sent you home, refusing to find modified work for you.

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