What is the employers obligation to engage in the interactive process with this employee who opts to retire?
If the employee has permanent disability, the employer would need to follow the rules & regulations pursuant to AR 10117(b) in serving the employee with a notice of regular work. If the employer does not comply with this regulation, each payment of permanent partial disability remaining to be paid to the employee from the date of the end of the 60 day period shall be paid in accordance with Labor Code section 4658(d)(1) and increased by 15 percent. The fact that the employee retired does not terminate the employer’s obligation to offer modified or alternative work in terms of the bump up/bump down of PD or the supplemental job displacement voucher (DWC AD 10133.57) obligation. Q: We have been operating under the belief that the +/- 15 percent in weekly permanent disability affects those employers with 50 or more employees in California. Is this correct, or is it 50 or more employees’ even if some of those employees are in another state? A: The Labor Code section 4658 (2) refers to Cali
