Is she coming back to work?

bamahr

I have an employee who is out on Work Comp - she is also suing us - she says she is not ever going to be able to come back. Multitude of problems - most attributed to RX Pain Use. If they decide to mediate a settlement - will she be allowed to come back to work or can I specify as part of the settlement she is also resigning her position? If she has exhausted all of her options for a weekly check she might have a miraculous recovery.

SMace

Generally it depends what state you are in. Check with your adjuster and request that they put that stipulation in the settlement offer.

sonny

we have had settlements where the employee has agreed to resign and not reapply.

LindaS

We have had employee's resign and/or retire as part of a W/C settlement although it typically costs more.

Don D

Make sure that an attorney with the company's interest in mind is involved in any such agreement.

E Wart

It is a little hard for me to understand about the suit. Is it because of w/c injury or is it for something else? If it is w/c, and there is a settlement, I think you will find that most w/c attorneys do put in the "resigning and won't reapply" without you even asking. However, you do need to talk with them to make sure. As I said earlier, all of this can depend on why there is a law suit along with her w/c.
E Wart

Balloonman

Obviously it depends on state regs. What I have typically done, is once the treating doctor releases them to return to work I make them decide. They can return, refuse, quit etc. If the doctor places restrictions on them that I cannot reasonable accomodate, I then ask them what job they can do. Once they acknowledge there is not one they can do, I inform them that I have to let them go.
My $0.02 worth.
DJ The Balloonman