Fired After Being Declared “Permanent and Stationary”? What That Really Means for Your Job

“Your Case Is Closed — And So Is Your Job”

Many injured workers in California hear some version of the same story.

After months of treatment and workers’ compensation appointments, the doctor declares them “permanent and stationary” (P&S), also known as reaching “maximum medical improvement” (MMI).

Shortly afterward, the employer announces:

“We’ve reviewed your restrictions and determined you can’t perform your job. We need to move forward and fill your position.”

The timing is no coincidence — and it’s not always legal.

What Does “Permanent and Stationary” Actually Mean?

In the workers’ compensation system, “permanent and stationary” doesn’t mean you’re fully recovered or that your injury is minor.
Instead, it generally means:

• Your medical condition has stabilized; and
• You are not expected to significantly improve with further treatment, although you may still need ongoing care.

At P&S, the doctor usually:

• Describes your lasting impairment;
• Assigns permanent work restrictions (such as lifting limits, standing/walking limits, or repetitive motion restrictions); and
• Evaluates how your injury will affect your ability to work going forward.

These findings are important for workers’ compensation benefits — but they also play a major role in your rights under California’s disability laws. The report is typically completed on a form like the Doctor’s First Report of Permanent and Stationary Status (PR-4).

How P&S Status Interacts With Disability Law (FEHA)

Once you are P&S, your doctor’s report often becomes the foundation for determining:

• Whether you have a disability under the Fair Employment and Housing Act (FEHA); and
• What accommodations might allow you to keep working.

Under FEHA, a disability includes any physical condition that limits a major life activity — including working.
Even if your workers’ compensation case is moving toward settlement or closure, your employer still has obligations under FEHA, including:

• Engaging in a good-faith interactive process to understand your restrictions; and
• Providing reasonable accommodations unless doing so would cause undue hardship.

Being P&S does not give your employer a free pass to terminate you.

Common Scenarios We See After P&S

Our firm frequently hears stories like these:

1. “We Don’t Have Any Light Duty Positions”

An injured worker is released to return to work with permanent restrictions, such as no lifting over 20 pounds or no prolonged standing.

The employer responds:

“We don’t have any light duty positions available, so we have to let you go.”

In many cases, this response is too quick and too broad.
FEHA requires the employer to:

• Examine the actual job duties;
• Determine whether nonessential tasks can be reallocated;
• Consider modified schedules or duties; and
• Explore possible reassignment to vacant positions.

Simply saying “no light duty” without investigation can violate the law. For more on failure to accommodate restrictions, see this Eldessoukylaw FAQ.

2. “The Position Has Been Eliminated” (Right After P&S)

Sometimes an employer will claim that the worker’s position was eliminated or restructured shortly after P&S, supposedly for legitimate business reasons.

But when this happens right after permanent restrictions are issued, and especially when:

• Other employees perform similar work;
• Job duties are reassigned rather than truly eliminated; or
• The timing closely follows medical reports and return-to-work discussions

it raises serious questions about whether the termination was really motivated by the injury and restrictions.

3. “You’re at MMI — We Don’t Have to Keep You Anymore”

Some employers mistakenly believe that once a worker has reached MMI/P&S, their obligations under disability law end.

This is not true.

MMI/P&S may clarify your long-term limitations, but it does not strip you of your rights under FEHA.
If anything, it often confirms that you have a qualifying disability that requires accommodation.

Retaliation for Filing a Workers’ Compensation Claim

California law also prohibits employers from retaliating against employees for:

• Filing a workers’ compensation claim;
• Reporting a workplace injury; or
• Seeking medical treatment for an on-the-job injury.

When a worker is terminated shortly after filing a claim, being off work on temporary disability, or being declared P&S, retaliation is often a concern.

Key warning signs include:

• Negative comments about your injury, time off, or workers’ comp claim;
• Sudden negative performance reviews after years of good evaluations;
• Inconsistent explanations for the termination; or
• Other injured workers being treated similarly.

In many cases, termination after P&S is not just a disability rights issue, but a retaliation case as well.

How Medical Restrictions Are (and Aren’t) Used

After P&S, the employer may rely heavily on the doctor’s reported restrictions to claim you can’t do your job.

But those same reports often support your right to accommodations.
For example, a P&S report might say you:

• Can lift up to 20 pounds occasionally;
• Should avoid repetitive bending or twisting; and
• Need the option to alternate sitting and standing.

Instead of treating this as a reason to terminate you, your employer should be asking:

• Can we modify the job or reassign certain tasks?
• Are there vacant positions within these limits?
• Would assistive equipment or ergonomic changes make the job workable?

When employers skip those questions and go straight to firing, they expose themselves to legal claims.

What If You Truly Can’t Return to Your Old Job?

There are situations where, even with accommodations, you cannot safely perform your previous role.

In those cases, the employer should still:

• Consider reassignment to a vacant, comparable position you’re qualified for; and
• Evaluate other roles that align with your restrictions.

Only when:

• No reasonable accommodations in your current role are available; and
• No suitable alternative position exists

may termination be lawful.

Even then, you may still have rights to workers’ compensation benefits, disability benefits, and other remedies. The California Division of Workers’ Compensation forms page provides more information on the workers’ compensation side.

What to Do If You Were Fired After Being Declared P&S

If you were terminated soon after being found permanent and stationary, consider taking these steps:

• Request a copy of your P&S/MMI report and all work restrictions;
• Gather all letters, emails, or notes related to your return-to-work discussions;
• Obtain your written job description (if available);
• Write down a timeline of events — including injury date, leave dates, P&S declaration, and termination; and
• Note any comments by supervisors or HR about your injury, workers’ comp claim, or time off.

This information can help an attorney assess whether your termination was legal, retaliatory, or discriminatory.

How Eldessouky Law Can Help

At Eldessouky Law, we regularly represent workers who:

• Were fired or pushed out after P&S/MMI;
• Were told there was “no light duty” without any real investigation;
• Had their jobs “eliminated” shortly after permanent restrictions were issued; or
• Faced retaliation for filing workers’ compensation claims.

We examine both your workers’ compensation records and your employment rights under FEHA, retaliation laws, and other California protections. To explore your options after termination, you can also review Eldessouky Law’s guide on proving wrongful termination.

Talk to an Attorney About Termination After P&S

If you were fired after being declared permanent and stationary, you may have both workers’ compensation and employment law claims. Call Eldessouky Law at 213-788-7887 or contact us through our online form for a free consultation. We can help you understand whether your employer violated your disability and retaliation rights — and what options you have to pursue compensation and accountability.