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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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66 yrs. old worker was injured at work and applied for and

Customer Question

66 yrs. old worker was injured at work and applied for and got approved for workmen's comp.(WC), later on when he was better, workmen's comp. recommended that he go back to work to be assigned to light duties. The employer owns several warehouses in the western part of Los Angeles. WC instructed him to report to another warehouse owned by his employer in the area. Due to his age he feels that it would be very difficult for him to adjust to new people and environment. He feels that their are light duties he can perform at the warehouse that he has worked for almost 8 yrs.
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?
2) Briefly what is the process or protocol in appealing this matter or work place assignment?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  LawTalk replied 10 months ago.

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.

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Thank you,

Doug

LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 10 months ago.

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:
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Thanks again.

Doug

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