California Employment Law
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Good morning, I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. You asked: 1) if he could prove that he could perform the light duties in his current workplace (warehouse) is available and his employer will cooperate, Can he request WC to just assign him to current workplace? First of all, workers’ compensation does not assign employees to specific jobs. Only the employer assigns jobs. The physician may state that the employee may return to light duty, and workers’ compensation (adjuster) may pass that information on to the employer---but the employer assigns the duty station. So yes, he may ask the employer for an assignment in a place he is familiar with. However, it is entirely up to the employer where they want him. 2) Briefly what is the process or protocol in appealing this matter or work place assignment? Where the employee works is 100% up to the employer, and not even a workers’ compensation judge can order an employer to place an employee at a certain position. The only protocol is to appeal to the employer for the position the worker would like to be at. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. You may reply back to me using the Reply to Expert link if you have additional questions. Please understand that I have no control over the how the law impacts your particular situation. Kindly take a moment to rate my service to you based on the understanding of the law I provided. Thank you, Doug
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have, or simply ask for me by name in the first sentence of your new question:http://www.justanswer.com/law/expert-lawtalk/Thanks again.DougWhen you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
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