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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36373
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

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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?

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.


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Thank you,

Doug

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