How can I get my Worker's Status to get approve by my employer that my Worker Comp. doctor approves?

Asked over 1 year ago - Fremont, CA

I had my Worker's Comp. Claim since 2005 for my lower back and Sciatic nerve problem, and still on going. I have my Medical open and still seeing my Worker's comp. Doctor until now. But my biggest problem is my company moved since October 2011, from San Jose CA to Vacaville CA , it's about 72 miles away from Home. My Worker's comp. doctor gave my Company 3 Work Status notes since 2012, stating that to accomodate me to possibly work to a closer office, in Pleasanton CA, 2-3 times a week since this office is only 25 miles away from home. To relieve some back pain due to prolong sitting. But my issue is my company keeps denying this. What do I need to do in this situations? Please advice. Thank you!

Attorney answers (4)

  1. Alden Jay Knisbacher

    Contributor Level 11

    2

    Lawyers agree

    Answered . The employer is supposed to provide a reasonable accommodation for your lower back problems; and is also required to "engage in a good faith interactive process" to determine what type of accommodations are necessary for you to do the work. You should discuss this with an attorney immediately. It is difficult to evaluate this question without knowing more facts -- e.g., what work do you do, and can it be done in Pleasanton -- or could you sometimes work from home; are other employees allowed to work from home or in Pleasanton, etc. You should contact an attorney immediately will all of the relevant details to evaluate your next options, including the question of when your statute of limitations begins to run to file a lawsuit against the company -- if that becomes an advisable route.

  2. Brett A. Borah

    Contributor Level 20

    2

    Lawyers agree

    Answered . A WC injury does not guarantee continued employment. An employer does not have to create a position for you. You may be out of luck here.

    Best if you consult a good WC attorney. Find one here at avvo.com or at caaa.org. CAAA is the association for attorneys here in CA who represent injured workers. Or you can call me for a referral.

  3. George Ellis Corson IV

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you do not have a WC Attorney, you are unlikely to get very far on your goals.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more
  4. M. Todd Miller

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I'm sorry but the court will likely find your request to be an unreasonable accommodation.

    M. Todd Miller
    Law Office of Todd Miller, LLC
    1305 Southwest Blvd., Ste. A
    Jefferson City, Missouri 65109
    Web: www.toddmillerlaw.com
    Phone: (573) 634-2838
    Fax: (573) 634-7642
    Email: info@toddmillerlaw.com

    "Personal attention - Professional Results"
    * This post and all others made on the internet are for informational purposes only. Nothing posted should be considered legal advice nor should any comments, answers, or other communications be suggested or assumed to create or constitute an attorney-client relationship. Accuracy of this information is sought but not guaranteed.
    ** the Law Office of Todd Miller, LLC is a general practice law firm.

    NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-... more

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