W/C Settlement-Perplexed

martman99

Had an employee (key-manager) who ended up being off longer than anticipated (over one year). During that time a physician had released her to return. She obtained another opinion from HER doctor who said no. Offer of employment extended at same rate, same position but at different location based upon the "return-to-work" letter.

She declined. She also indicated she couldn't work for a multitude of reasons, including but not limited to chronic pain and ingesting narcotic prescriptions.

Settled for $100,000.00 What went wrong in our documentation? Pointers, thoughts? Let me hear it!

THANKS IN ADVANCE

Don D

What did I miss? Settled? Who settled and why?

martman99

That's my point Don!! Insurance carriers ahd a mediation with two adminstrative law judges and decided on this figure. One issue I inquired as to was the offer of employment sent to her and signed for via certified mail. Since she was gone for over a year, we had no choice but to place a new manager in her position. The position offered to her would have required an add'l 30 minute drive time. She declined.

The chief magistrate never ruled on this matter for over a year and the case was then placed into mediation. I attended the hearings and gave tesimony as well. Reviewing the transcript and testimony from both sides, I believe this simply to be a case of "clearing an overburdened docket".

Marty

What steps do you follow in these situations where you have received a return to work letter from a physician and the employee counters with another opinion?

Don D

The answer to your last question is terminate.

marc

Since your title is W/C settelement, I can only assume there must have been a number of hearings along the way with opposing medical opinions and findings to support the Company's side of the arguement and her side of the arguement. I would suggest that your answer would be found in the documentation of those hearings.

Without that information, all we can do is scratch our heads and think that her Doctors medical findings were more compelling than the Dr that released her to work. Probably a finding of a partial disability since the amount was only $100,000 and she was a key manager, presumeably making that amount in less than a couple of years.

Just a guess at this point.

bsa

"Settlements" can be based on the [u]impairment rating[/u] assigned by the treating doctor. Your case probably had nothing to do with her refusal of your employment offer and more to do with her overall ability to do the work she performed before her injury.