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How can employer changed status from workman's comp/medical leave to personal leave and deducted $400 daily from my pay?

La Verne, CA |

Total of $36K deducted from salary Injury 4/15/09 MRI 2/10 Left Knee meniscus tear surgery 5/11 Right Knee meniscus tear 6/11 surgery 11/11 return to work 4/12 MRI 10/12 bulging disc lower back and neck, injury 11/30/12 off work since 12/5/13 employer putting me on a re-hire list due to being off for 5 months. I am a 78% employee work 152 days a year with a 4 day work week. Employer is still requiring me to pay back $3,900. for over payment?

Attorney Answers 5


Your post is lacking a lot of very important information. You should consult with your Attorney or consider retaining one.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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You should immediately consult with a workers' compensation attorney, if you don't already have one. This seems like a complex issue that will require some form of legal fight. Most workers' compensation attorneys, in most states, work on a contingent fee basis, so they will only charge you a percentage of the benefits they obtain for you. Good luck.

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Mr. Corson, as always, cuts right to the heart of the issue. We don't have enough information to answer what may be a very complex question. You need to sit down and talk to a W.C. attorney.

Find a good one here at or at CAAA is the association for attorneys here in CA who represent injured workers.

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10 lawyers agree


This is a good matter to sit down with your attorney and discuss. If you do not have one - get one.

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8 lawyers agree


More information is needed to properly evaluate. Call one of the above attorneys to discuss in full.

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5 lawyers agree

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