TTD benefits and Unemployment?

HR in Okla

We have someone who was off on TTD due to a WC injury since June. To make a long story short, she was released from the doctor 9/17 with significant physical restrictions that make it impossible for her to return to her original job. I feel like we have done all we can for her and we have no other jobs she is qualified for. We went through a dialog with her about the requirements of the job and what she could and couldn't do and she said herself that she couldn't do the job and that there was nothing reasonable that could be done to make it possible.

We haven't actually even terminated her yet, but I plan to do so effective 9/22, the day of the meeting. This is the kicker...she applied for Unemployment Benefits due to "lack of work" from 7/23/03.

My question is: Will most states pay unemployment benefits at the same time as worker's comp benefits? Seems like double-dipping to me. She was on designated FMLA on 7/23. I plan to contest the unemployment before 9/22, but I guess I'm stuck after that. Any advice??

LindaS

If she was disabled back in July, she should not be eligible for UI benefits. In order to collect UI (at least in WI), you need to be ready and available for work. If she is disabled, she is obviously not ready and available. As for after 9/22, she will probably be able to collect. Here in WI, if she stopped getting TTD benefits as of 9/17, she would probably be able to collect as of that date.

HR in Okla

Thanks for your reply. I consulted with the WC adjustor, who also said she was not likely to qualify back to July. This is a person who has "milked" the system as far as she can and has now turned to a new venue. She'll be getting a settlement from WC before long.

Don D

I agree with Linda. Your question was about what 'most states' would allow. You have only Oklahoma law to worry about. The advice you get from a comp adjuster is worth about three pennies as it relates to unemployment insurance. Your maintenance man could supply just as good an answer. Comp adjusters have a hard enough time giving an accurate analysis of work/comp situations. I imagine that your state, like ours, will require that for each week a claimant is determined eligible, she be also physically able and available. There are two tests; monetary and what they call the work test, which includes physical ability and availability. She should not draw a nickel for the weeks she was 'laid up' and unavailable but will draw for each week after the day she did become able. Don't hesitate to use the evidence in her medical file at the hearing, including the FMLA and comp documents. The information is not privileged in an administrative hearing.

mwild31

I agree with Don D. - everything will come out in the UI appeal process and that's where the determination will be made.

Also, did you give the job information to the employee & have her determine whether or not she could do the jobs you offered or did you write up a job analysis and submit it to her doctor for the yeah, nay decision?

HR in Okla

Since posting this, I did a lot of research on OK work comp and unemployment law. In some of the unemployment material, it specifically says that a person may not draw unemployment while receiving TTD. So that answered that.

To answer the last post...she came in with her release from the doctor, it specified she had reached MMI. It spelled out a 25 lb. lifting restriction, a 25 lb. pushing restriction and not lifting her hand higher than her shoulder etc. I, her supervisor and dept. director sat down with her and discussed exactly what the doctor told her, talked about the job (saying that since she had done it for several months, she knew better than we did exactly what the requirement was), then also reviewed the job description.

I asked her if she felt she could do the job within the restrictions outlined by the doctor. She said flatly, NO. I asked if she could think of any way we could change the job or accomodate her restrictions so she could do it. She again said flatly NO. (You have to understand that we are talking about working in a non-profit with limited resources. The only accomodation would be having another staff person working right beside her all the time doing most of the work for her. That's not reasonable in our opinion. I also don't think her "disability" rises to the level of ADA.)

She then suggested that she would like to do Medical Records, which is a clerical job. I told her that there are no openings in that department, in fact, lined out every opening or potential opening we have. She either isn't qualified or they have even heavier restrictions than her previous one. I felt like we exhausted all our options.

I won't object to unemployment going forward, just back to July.

mwild31

Hi HR in Okla -

Thanks for responding to my post. It sounds like this particular situation has worked itself out. Next time, maybe you should consider sending a job analysis to the doctor for his/her input. The situation may end exactly the same way, however, sometimes an employee sees their situation differently and not quite as objectively as a doctor. Also, once a job analysis has been sent & the doctor approves it, in WA, if the employee rejects the job, we're off the hook for Time Loss.

HR in Okla

Thanks, that's good to know. In Okla. we have "Certified Workplace Medical Plans." They are a managed care plan for WC, which we utilize. There is a case manager working with the doctor etc, so it's hard to know just when or how to participate in the process.

mwild31

Don't you just love how Worker Comp. DRAMATICALLY varies from state to state x:-)