Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Work Restrictions - California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Work Restrictions - California

    I am an administrative employee with the California state university system and have an exemplary work history and attendance record. Eight months ago a new supervisor was assigned to our section. She was not very familiar with the nature of job, manipulative, short tempered, and verbally abusive. When I stood up for my rights and protested, she ratcheted up the tension and embarked upon a full-scale bullying campaign against me. I, and others as well, have made several complaints to her supervisor(s) and to the HR -- but to no avail. I have made several reassignment requests, but again without any success. I have also filed a grievance, but that’s not going anywhere either.

    All of this has taken a tremendous toll on my overall health. I was out for a month on stress leave, but when I returned, my symptoms pretty much came back. My treating physician agrees that I’m suffering from a stress disorder.

    My question is the following: Would it be possible to obtain work restrictions stating that my health is in jeopardy if I continue working under the same supervisor and requesting reassignment?

    If not, what would be the best option to tackle this dilemma? Simply put, my health is deteriorating, I cannot afford to quit, and I’m at the end of my rope.

    Thanks in advance for all your responses.

  • #2
    As your treating physican has determined your condition to be 'work related', or industrial... file a claim for workers compensation benefits.

    If your doctor says you cannot work, you would be eligible for TTD/temp total disability benefits. Those are paid at 2/3's of your AWW/average weekly wage, subject to the max rate. (around $940/wk...don't recall the exact rate now).

    You are entitled to medical treatment up to 10K while your claim is investigated by the employer/ins company..(depends whether the employer is self insured, or through a IC...likely SCIF)
    Within 90 days there must be a decision to accept/deny your claim.
    TTD is paid up to 104 weeks, within 5 years of your date of injury/filing. After that, SDI/state benefits are another 12 months if available.
    You should file for SDI if eligible as soon as your doctor says you cannot work, as you should expect a denial to your claim, and it can take several months to navigate the dispute resolution process.

    Keep in mind that restrictions placed on you by your doctor are on YOU, not your job or your employer. Your doctor cannot dictate where you work, or for whom. Restrictions generally are limited to sitting, standing, bending, how much you can lift, and the like.
    Personality conflicts are not subject to ''restrictions'' per se.

    You can find fact sheets for injured workers here http://www.dir.ca.gov/dwc/InjuredWorker.htm

    Just as a note here... when you file a stress/psych claim for comp benefits... you are leaving your entire life open to scrutiny, everything that may be a cause of your stress, or how your other health issues may be affected. If you think you are subject to stress in your workplace, you haven't experienced any stress like you will at deposition by a defense attorney.

    eg. and I'm not exaggerating here... how is your sex life?..how many times per week do you engage in sexual activity?....
    with someone, alone, multiple partners...men, women,...both? Ever with an inanimate object...animial ? (not kidding)
    Why do you dislike your job so much ? Do you fantasize about your supervisor...?

    My point is... EVERYTHING in your life is open book. You must show that a minimum of 51% of your stress/psych issues are due to your job.

    Comment


    • #3
      CAIW, and your last couple of statements is why 2 years ago, I didn't file for one.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        You can most certainly have a doctor write a note stating that the doctor recommends a transfer as an accommodation for your disorder. It will at least (hopefully) push the employer to explore the issue with you more in depth.

        Comment


        • #5
          Patty- never tell me. In MD the standard is different though and you can not just have a psyche claim without an injury.

          CA is another kettle of fish. Psyche claims tend to be very difficult to prove and it requires that there be more than just a personality conflict or difficult working environment.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X