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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?

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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.


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.


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.


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


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

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