Worker's Comp? PLEASE HELP.
HCA
72 Posts
We just opened our personnel office and I already have a dandy:
Employee hurt in 1995 (own negligence) while on-duty. Off 6 months on Worker's Comp. Back to work and then back starts hurting. On pain-killers so can't drive (required for work). Continues to work, but when takes pill, supervisor sends him home. When sent home he is taking sick leave. So employee works PT for several month and takes sick leave when not working. Files another claim and is out on worker's comp full time. (we're now in 96) Worker's Comp discharges him and orders him to return to work. Works FT for 3 mos. Back hurts again and is back on Worker's Comp. Comes back to work after a few months, is taking pills, and goes home PT on sick leave when he takes pills. After a few months is bad enough to return to worker's comp FT. This cycle continues to the present date.
He has never been placed on FMLA. He has very little sick leave/vacation left. The Dr. certification this time carries him through 12/5/02. His job requires manual labor. There are no other jobs within his dept that he can do because of the labor. However, we are county so we could possibly place him within another dept to do "desk work" is required.
(A little more problematic because last month he was deemed to be voluntarily terminated when we discovered he was released from worker's comp and had not provided us the dr. certification that was required by our handbook. A letter was sent and he came into a county commissioner and told him he was still on worker's comp. The next day, the commissioner confirmed that WC had released him. A followup letter was mailed stating he failed to comply with the policy in not providing a dr. certification. In the meantime, employee goes to dr and get's a note covering him for the back period and the next month. Worker's Comp reinstates him. He brings the note to the Commissioner and WC notifies Commissioner he is reinstated. The county commissioner (without consulting the Employee's supervisor told him they would continue to hold the job for him since he brought the proof in late.)
OKAY. My approach is that we are starting from ground zero from today. I informed the Commissioner not to deal with the employee but send him to his Supervisor (they understood the error). I was going to send out a notice of FMLA leave starting from the day mailed, and remind him that our policy requires a Dr. Certification prior to taking leave. That his current certification will run December 5, 2002, and he must provide further proof on or before that date.
I am worried about how to fit in Worker's Comp and ADA. HELP?
Employee hurt in 1995 (own negligence) while on-duty. Off 6 months on Worker's Comp. Back to work and then back starts hurting. On pain-killers so can't drive (required for work). Continues to work, but when takes pill, supervisor sends him home. When sent home he is taking sick leave. So employee works PT for several month and takes sick leave when not working. Files another claim and is out on worker's comp full time. (we're now in 96) Worker's Comp discharges him and orders him to return to work. Works FT for 3 mos. Back hurts again and is back on Worker's Comp. Comes back to work after a few months, is taking pills, and goes home PT on sick leave when he takes pills. After a few months is bad enough to return to worker's comp FT. This cycle continues to the present date.
He has never been placed on FMLA. He has very little sick leave/vacation left. The Dr. certification this time carries him through 12/5/02. His job requires manual labor. There are no other jobs within his dept that he can do because of the labor. However, we are county so we could possibly place him within another dept to do "desk work" is required.
(A little more problematic because last month he was deemed to be voluntarily terminated when we discovered he was released from worker's comp and had not provided us the dr. certification that was required by our handbook. A letter was sent and he came into a county commissioner and told him he was still on worker's comp. The next day, the commissioner confirmed that WC had released him. A followup letter was mailed stating he failed to comply with the policy in not providing a dr. certification. In the meantime, employee goes to dr and get's a note covering him for the back period and the next month. Worker's Comp reinstates him. He brings the note to the Commissioner and WC notifies Commissioner he is reinstated. The county commissioner (without consulting the Employee's supervisor told him they would continue to hold the job for him since he brought the proof in late.)
OKAY. My approach is that we are starting from ground zero from today. I informed the Commissioner not to deal with the employee but send him to his Supervisor (they understood the error). I was going to send out a notice of FMLA leave starting from the day mailed, and remind him that our policy requires a Dr. Certification prior to taking leave. That his current certification will run December 5, 2002, and he must provide further proof on or before that date.
I am worried about how to fit in Worker's Comp and ADA. HELP?
Comments
FMLA will protect his job for only 12 weeks, then your leave of absence policies will apply and COBRA might be triggered. An employee can be terminated while being treated for a w/c injury, but before you do --- consider carefully whether this case has progressed to a disability level. You may have gotten sucked into the dreaded [b]"triangle."[/b]
Thank you for all who replied.
The doctor said last week that he is permanently disabled and cannot perform the essential functions of his job. He quit that day. I think I may avoided the triangle just by stumbling through. ARGH! [xpray]