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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Default Medically Cleared for Return to Work, but Position Was Filled

    My question involves workers compensation law for the state of: ca


    My workers compensation claim was made in the State of: Ca

    My dr. Released me with restrictions 3x and work would not accommodate me. Dr finally releases with no restrictions to see if I can handle it and would see me in 2 weeks. (I was not declared MMI or Permanent and Stationary). The next day my work advised me my position was filled. Please note: my employer would not tell me if my position was available or not until they knew my status. Now work mans comp will no longer pay me and told me this is an employment issue not theirs. Called human resources and advised me I'm still considered an employee until my 1 ur anniversary and if they can't find me another position by then I will be terminated. I am not able to cash in my vacation until then and/or file unemployment! My dr and nurse case mgr believe that WC should be paying me since I'm still under his care and not MMI or P$S. I just obtained an attorney and it's still new so waiting game right now.

    Do I file for unemployment?

  2. #2
    Join Date
    Sep 2011
    Posts
    152

    Default Re: Medically Cleared for Return to Work, but Position Was Filled

    if you are released without restrictions and can accept work then you would be eligible for unemployment benefits.

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