Do we have to take him back?
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Got a form from a WC carrier today, asking for a job description re a former
employee who was injured in May 2001. This employee, of which I wrote about in this Forum twice before, basically disappeared while undergoing treatment, and later obtained the services of an attorney. The WC carrier wants the form completed,detailing how this former employee used his hands ( a carparal tunnel claim )using what tools, for how long, what he carried, etc. I completed the form, which aslso states that the treating doctor wants the info as to determine whether this former employee is physically able to return to work.
This former employee's job is currently being done by other persons. What happens if the doctor says this former employee is able to do the job? I wonder if the WC carrier is trying to cut its losses - especially since WC rates have exploded in here in California, and we dropped this carrier a few days ago, in favor of the State Workman's Compensation Fund.
Chari
employee who was injured in May 2001. This employee, of which I wrote about in this Forum twice before, basically disappeared while undergoing treatment, and later obtained the services of an attorney. The WC carrier wants the form completed,detailing how this former employee used his hands ( a carparal tunnel claim )using what tools, for how long, what he carried, etc. I completed the form, which aslso states that the treating doctor wants the info as to determine whether this former employee is physically able to return to work.
This former employee's job is currently being done by other persons. What happens if the doctor says this former employee is able to do the job? I wonder if the WC carrier is trying to cut its losses - especially since WC rates have exploded in here in California, and we dropped this carrier a few days ago, in favor of the State Workman's Compensation Fund.
Chari
Comments
Right before the hearing we made an offer to her to settle the claim but she refused. Needless to say we went through with the hearing and WE WON!! The ALJ determined that she failed to follow through with keeping us informed regarding her treatment as well as providing us with false information regarding her ability to return to work before she "disappeared".
So to answer your question I would say that NO you do not have to rehire that person regardless of what the physician says at this point. The employee "dropped the ball" regarding his responsibility to notify you.
Hope this helps!