Worker's Comp Mess

Sarah55

We have an employee that worked at a remote site with four others. He was injured over a year ago (back and neck injuries) and filed a comp claim. About a week after he was injured co-worker reported to supervisor that employee told him several times that he had continuing back problems from a motorcycle accident several years ago. We reported info to our carrier and they denied his claim. We requested employee to return to work and, when he did not, terminated him.

Employee retained an attorney and case was heard. It turns out that employee was never in a motorcycle accident but only received a broken nose. NO back injury (medical reports, witnesses to accident etc. all verified this). The judge ruled in employee's favor and he is now again receivng comp. He has not yet reached MMI, but I believe he will either seek reinstatement to his job (with many limitations) or may bring suit against us for retaliation.

What to do with employee out on comp as well as employee who provided false information? (We asked him about this false info and he still swears it is true).

jarhead217

I must be missing something! You haven't proven that he gave you false information, have you? I thought, the lawsuit determined that no back injury (motorcylce) ever occurred. In any event, you do have a problem on your hands but realize that whatever negative action you take WILL be regarded as retaliation. Be very careful. Years ago, one of my secretaries files EEOC charges against me for race discrinmination....afetr 13 months I was exonerated as her charge was baseleess. When my attorney brought me the good news, I was elated...until my attorney then advised me that I was stuck with this employee FOREVER (the real world!!!!) because whatever discip-line was required in the future would be viewed as "retaliation". THIS IS THE REAL WORLD!!! Fortunately, (?) our company went through a severe cutback in employment and as the reduction progressed I was able to transfer her BACK to a previous position in payroll. A different building across the parking lot. Finally, I was rid of her. This guy of yours may eventually do something to enable you to get rid of him but tread cautiouosly. Absenteeism is always the safest way to get rid of someone.

Sarah55

The problem is that we have already terminated this employee months ago based on denial of claim by our carrier (who sent him to an IME that said he could return to work) AND based on the information provided by a co-worker. We terminated based on failure to return to duty.

The employee's own doctor has said all along that he is unable to work. We believe that he will reach MMI soon and be released by his own doctor. The questions are:

1. Can he file suit against us for retaliation for filing a WC claim because of the termination (even though we relied in good faith on evidence provided).

2. If he wants to come back to work for us, do we have to rehire?

Don D

Jarhead: Your attorney is a JugHead! Although I appreciate his cautions to you about not mistreating persons who have filed charges against your company, it is not true, ever, that we are "stuck with somebody for life". I wouldn't hire an attorney who used either or both of two words............'never' and 'always'.

Nat

[font size="1" color="#FF0000"]LAST EDITED ON 04-15-03 AT 12:38PM (CST)[/font][p]Did physician you sent him to indicate that he needed to be out of work or did he just decide that he couldn't work and not show back up? We continue to employ people who have claims denied but if they are released to come back to work by our physician and they do not, we consider that they have resigned their position just like anyone else who doesn't show up for work. Furthermore, we would never rely only on information received by another employee to terminate someone. We might investigate what they have told us which would include talking to the accused employee before taking any action.

I don't think you can really do anything to the employee who you said gave you false information. They may believe they are telling you the truth. They may actually have been told this by the other employee. That's why a thorough investigation is so important.

You may be stuck with this one but next time, be sure to cover all your bases. If I have missed something and this response is way off base, please let me know.