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Fallguy

Modified duty

12 posts in this topic

How do you determine if an employer have modified duty available?

 

i called to see if there was any modified work and the employer said he would call me back. He never return any calls for the next three days so I went in on third day in case they said I abandon my job but I was handed termination papers.

 

Was there modified work available? Or is this a loophole for employer and IC to deny benefits?

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We have no way of knowing if there was modified duty available. However, there are no circumstances under which an employer is required by law to provide modified duty.

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The adjuster is denying benefits because he is saying that there was modified work available for me but I was terminated so I don’t get any benefits.

 

how did the adjuster determine that I was offered any modified work? And if there was work available, doesn’t this give the carrier and insurance carrier the right to delay/denied every claim? 

 

What are my options to get benefits approved?

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No. There is no penalty if they never offer modified duty. There is no legal requirement that they do so. Not all jobs lend themselves to modification and not all jobs that do have it available at the drop of a hat.

 

There is never, in any state, under any circumstances, a requirement that an employer create a job within your restrictions. IF there is an open job already that will have to be filled by someone and which fits your restrictions then in some states and in some circumstances the employer may be required to offer it to you. But there is never a situation where the employer has to create a modified job to suit your restrictions if one does not exist. There is no state where an employer is required to bring you back if you've already been terminated and only one state, which is not yours, when an employer has to give preference to an employee who lost their job for medical reasons. And even in that one state, that requirement is limited to workers comp situations AND jobs that do not require any modification for the injured worker's restrictions, if any.

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I understand that there is no requirement to offer or modify any work but how can workers comp benefits be denied on that reason? 

    What is the purpose of workers comp if benefits are denied if you’re terminated or if they don’t offer you modified duty?

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I'm backing up on what I write before.

 

You may well have a claim against the Work Comp carrier if you aren't released to full duty and are no longer employed.  I would contact a WC lawyer in your area and tell them the complete story.

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I have an appointment tomorrow so hopefully he can take my case. I called numerous attorneys but most of them don’t return calls and a few reschedule my appointments.

 

meanwhile, the adjuster rarely answers calls or returns calls. He told me I don’t qualify for ttd because there would have been modified duty but since I was terminated then they don’t have to pay.

 

it just doesn’t sound right because every injured worker can be terminated to avoid liability.

  

 

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I am very glad that you are talking to a workers comp attorney, because I don't believe you have fully understood some of what we have been talking about in our offline conversations. In fact, terming an employee rarely relieves an employer from liability for workers comp situations. However, yours is a much more complicated situation and I doubt very much that the sole reason your benefits were denied is due to your termination or had anything to do with whether the employer did or did not offer modified duty., They may have been factors, but with everything else I do not believe that was the only issue.

 

Hopefully the attorney will be able to explain things to you better than I could. Good luck.

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There were lots of things that happen and DFEH said I can still file a complaint and they can determine if they will investigate. 

 

I’m just trying to get this claim over with so I’ve got my fingers crossed for tomorrow.

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