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Can I quit my job and collect EDD or disability

Torrance, CA |

I got injury at work on 10/22/2010 and had shoulder surgery on 4/6/2011 been on workmans comp since 4/6/2011 Dr release me on limited modified duties up to 15lbs and I can't even lift a gallon of milk without being in pain What can I do I thought of quitting my job and my job said I cant get disability is that true

Attorney Answers 2


The answer to yours and most legal questions is maybe.

If you quit your job, you will be denied unemployment benefits unless you can prove you were forced to quit; and that is very hard to do.

If you quit and apply for EDD disability, EDD will contact the Workers' Comp insurer paying your claims. The fact that Workers' Comp stopped your cash benefits doesn't mean EDD won't accept your claim. It does mean that they will look at it carefully.

Do you have a Workers' Comp attorney-if so, ask him or her for advice.

If not I recommend the following:

1. Talk to your doctor about the pain and ask her to reconsider your work restrictions,
2. Contact the Information and Assistance Officer at your nearest Workers' Comp Board or call 800-736-7401 for general advice,
3. If your physician will not modify your work restrictions, consider asking for a Panel Qualified Medical Examination (PQME). The WCAB website has good information about this,
4. Talk to an attorney.

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You should not "quit" your job. If you have been released back to work on modified duties, and performance of those duties still cause significant pain, then you should either return to the treating physician or select a different doctor in the Medical Provider Network who may put you on disability.

I'm not sure if you are still undergoing medical treatment for your injury but if you are having difficulty performing your job despite what your treating doctor says, then you need to obtain a second opinion regarding your ability to work at the present time. You also should not rely exclusively on the treating doctor's opinion because generally that doctor has been selected by the workers' compensation insurance company. In my opinion, 2 1/2 months post surgery does seem like a short period of time in which you should be returned to work. You should consult with an experienced and well qualified attorney to find out more about what the next step is for you in order for you to improve your medical condition without aggravating it by continuing to work. .

Please contact me for a free consultation if you have further questions or concerns.

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