Q: my job has told me I can't leave my house from 8am to 5pm while i am out on workers comp. is that legal????
Good Afternoon,
I have been out on workers comp due to a heart injury from my job for the past 7 months. About 2 months ago, I received a certified letter from my job telling me that I needed to be "in my home" from 830am until 5pm monday thru friday while I'm out of work.
The letter does say that if I have a dr appt for my heart I must call my supervisor and tell him/her what dr I'm going to and for how long.
I've spoke to my work comp atty and she has never heard of this. I wanted to find out if anyone else have dealt with this as well or knows of any case law as to if this is/isn't constitutional.
I haven't been able to find anything online.
A: Your attorney might want to check with the defense where there is any rule in the Labor Code supporting that requirement. That requirement would be illegal, for what if you have any doctor's appointments. It appears that they are trying to harass you.
Tim Akpinar agrees with this answer
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A: It’s obviously not a law. It’s just your employer saying that. It could possibly be viewed as a violation of insurance code section 1871.4 making it a misdemeanor (a crime) to make statements to deter or discourage injured workers from pursuing their rights to workers compensation benefits.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A:
First, it IS 'constitutional' because there is no police power involved. When you go out at 9am, no one can arrest you for that.
Second, I have never had this occur in any claim I've had, either on the defense side or the applicant's side, and I've been at this since 1987.
Third, is this 'legal'? it isn't 'illegal'. You cant get your supervisor arrested for sending a letter that you must be report to them to go out. IT'S JUST SILLY.
There is no regulation requiring any injured worker to report to anyone before leaving for any medical appointment, or any activity.
This is just a goofy supervisor attempting to get you frustrated so that you ask your treating physician to write you can return to some modified work. All the days you remain Totally Disabled increases the employer's comp insurance rates, so this company tried a little stunt to try to reduce that some.
If you were my client, i would have filed a Petition for Sanctions for Tactics Designed Solely to Harass. While most judges would not award financial penalties against this employer, it would stop the employer from such stunts in the future.
HAVE FUN WITH THIS: have the treating physician prescribed Sunlight Home Therapy like folks in Alaska use and D3 supplements because you have been deprived of sunlight because the employer has threatened you and you don't go outside for Vitamin D on your skin and sunlight exposure. Once the adjuster sees she's paying extra because of what the employer wrote, she might shut down this silly supervisor.
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