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I'm asked to resign after WC dr. Released me not able to rtn to work but haven't seen my PCP what can I do?

Thousand Oaks, CA |

I have a pending appt with my PCP 7/26 but I'm asked to go in on 7/5/13 to either keep my job or resign. I was out due to stress caused by my boss for 3 1/2 years and I was told this was not caused by her. WC adjusted has until 7/10/13 and will close the case but I was sent a packet to schedule an appt with a que physician which I did that's 8/1/13. Why is HR so quick to have me resign? This needs to be reviewed as a WC case.

Attorney Answers 3


  1. And you are waiting to hire an attorney, why?

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com


  2. You've written a very confusing question. I'm not sure what a PCP is. That's not a term we usually use in WC cases. You also talk about going to a que physician. Do you mean PQME?

    I gather that your primary treaing physician (PTP) has you out on a stress leave. Your boss wants you to either return to work or resign by this Thursday. Your claim in under investigation by the WC carrier and they have until 07/10/2013 to make a determination. You have an evaluation scheduled on 08/01/2013 with the PQME. Do I have all of this right?

    From the time you notify your employer that you are filing a WC claim, they have up to 90 days to investigate. Part of that investigation is getting you to a PQME for an evaluation. Since the PQME date is after the 90 days runs out, I expect the WC carrier will deny your claim. You should still go to the PQME. If he finds your injury to be industrial, then the WC carrier may change their position and accept your claim.

    Labor Code 132a says that your employer has to treat you just like they would any other employee who is out on a medical leave. If you are being treated differently by being required to return to work on 07/10/13, then they may have violated the law.

    Stress claims are among the most difficult of all WC claims. Add in the possible LC 132a claim and you've got a big, complciated case. You really ought to be seeing a good WC attorney....before you go to the PQME on 08/01/13. There are some good WC attorneys in the valley. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in Ca who represent injured workers.


  3. Your post is somewhat difficult to understand. If what you are saying is that you are presently temporarily disabled and your employer is giving you a deadline to return to work or resign, such conduct might be a violation of your rights under the Fair Employment and Housing Act. If you are off of work for a defined period of time to treat and recovery from a disability, and your medical provider has given your employer a note indicating as much, your employer can only do what it is attempting to do if providing you with additional leave would constitute an undue hardship on the company.

    You would be well served to locate and consult with an employment attorney right away.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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