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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117452
Experience:  20+ Years of Employment Law Experience
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MY EMPLOYER WANTS ME TO RESIGN ON THURSDAY DUE TO ME MOVING

Customer Question

MY EMPLOYER WANTS ME TO RESIGN ON THURSDAY DUE TO ME MOVING OUT OF STATE. CAN I CONTINUE TO RECEIVE WC PAY UNTIL THE DOCTOR RELEASES ME FOR FULL DUTY. I AM CURRENTLY OUT ON LIGHT DUTY AND EMPLOYER HAS NO LIGHT DUTY
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. You are entitled to receive workers compensation temporary total disability for as long as you are not able to work. If you are leaving town, then you have no choice but to resign as you cannot continue to work. As long as the doctor is saying you are temporarily disabled, then workers compensation has to pay you. However, if your capacity is limited, you will have to continue to apply for work when you move and show workers compensation you are seeking employment you can do with your restrictions.
Customer: replied 2 years ago.
MY EMPLOYER TOLD ME BECAUSE I AM MOVING AND RESIGNING ONLY MY MEDICAL WILL CONTINUE. I HAVE CALLED MY ADJUSTER AND LEFT VM
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. If you are leaving town, as I said above in my first reply, you have no choice but to resign. However, if you are still not able to work and not able to take on suitable employment in your new state, you can still seek to claim the right to temporary total disability, as you still cannot return to full time work and are still considered temporarily and totally disabled.

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