Employee misses dr. appts.

mcmel

We have an employee who has been on Worker's Comp for two months.

Recently, he missed an appointment to remove his stitches, which according to the doctor's office would have released him to light-duty, (which was postponed more than a week because of the delay), then yesterday he missed his appointment, which is not rescheduled yet. Both times he missed he said it was due to car problems.

In our handbook, it states the following:

If you engage in conduct or activities that serve to lengthen the healing period while you are off of work due to a work-related injury, you may be immediately terminated.

Am I really reaching when I say that this is a disciplinary situation? All along he has not been turning in paperwork from his doctor when he has actually been to an appointment, I have had to call him at home numerous times demanding that he bring the paperwork to us. (In each case, I let it go for at least three days, because our handbook also states that three days of no call-no show is cause for termination.)

I'm curious if others feel this is a disciplinary situation or if I'm overreacting. For those of you who remember me, I'm generally the stickler at our company for details, while management generally lets a lot of things slide.

sonny

[font size="1" color="#FF0000"]LAST EDITED ON 12-30-03 AT 11:55AM (CST)[/font][br][br]I do not think you are over reacting. I would be sure your carrier knows about it. One miss, I might allow a re-schedule with a good reason. Around here, if he did not have a slip from the Dr., his time would be unauthorized leave. We strictly enforce people staying in touch with us while they are on WC. The risk, I suppose, is that he can say you are retaliating for the WC claim, but if you are well documented I would not allow the employee to hold me hostage.

Don D

Not knowing your state's comp laws, it's hard to provide an answer. In my state there is no such thing as WC retaliation and Comp is not a job protection statute as it is in some states. In other words, here they can be terminated for the things you are experiencing, if we chose to. If he were employed here and continued to be uncooperative and gave evidence of no desire to work with the program, he'd be history. I do, however, find that sentence in your handbook about extending the healing/recuperation period wholly unworkable. I can't imagine my sitting on the stand giving some sharp lawyer my medical interpretation of that one. His first question would turn my face blood red: Mr. Don D. Tell us if you will, in your opinion, based on your medical training and knowledge, JUST WHAT IS the normal healing period for a multiple fracture of the tibia and how might that recuperation period be affected by jogging or yachting or crabbing or bending to shoot marbles, or for that matter, by stacking cordwood? Yes, you may refer to your notes.

mcmel

This note in our handbook was specific enough to save us when an employee extended his injury by drywalling at a friend's house . . . the DOCTOR determined the injury was aggravated by the ee's outside work, and the worker's comp company fought it tooth and nail.

In the current case, the doctor's office told us that the employee would have been able to return to work if he had had his stitches removed. I would consider that a professional-enough opinion, something I could fall back on.

jrzgrl

Do you have a list of WC doctors to which the EE's must go during the first 90 days of their injuries? The doctors on our list fax me a Work Status Summary as to what the injuries and work restrictions are. This is not Protected Health Information according to HIPPA. If an employee seems to be delaying their return to work, I work closely with the WC insurance company at getting everything documented and getting the EE back to work. It's helped our claims experience immensly, as word-of-mouth dictates you can't prolong the time out on an injury.

E Wart

Without more information, I don't know whether or not I would terminate. However, I would talk with W/C about this. I can't believe that they would continue to pay loss time when the employee didn't keep his apt. which would have released him. I would think they could "suspend" his loss time payments until he goes to the doctor for the doctor to determine if they should be extended or not.
I may certainly write up the employee for not following W/C instructions/not cooperating with the W/C carrier.
By the way, in GA W/C will pay for their transportation. I have had them send someone to pick up an employee here at work who was going to the doctor. I don't think that w/c will let him use sick car as an excuse.
E Wart

Balloonman

E Wart is correct, call your adjuster, tell them the situation and have them stop all ttd payments. If he is released to restricted duty that you can accomodate then he should not be paid for those two weeks.
I would also contact the doctor and see if they can reschedule the appointment for tomorrow. Then call the employee, tell them when the new appointment is, explain that it is their responsibility to get to the appointment. If their car is unreliable take a cab. I would also inform them that if they miss this appointment you will terminate their empolyment. I would do this on speakerphone with another management witness present.
Have fun.
My $0.02 worth.
DJ The Balloonman

mcmel

Just as an update for all, between the policy and the communication with the Worker's Comp office, they have decided to retract some of the WC wages that were sent to the employee, because he was not showing the effort to get back to work.

The employee has since been released back to full-duty, so he's working again and we've chosen to wait for him to screw up again before termination. Thanks for the feedback!

sonny

Thanks for the update! Good for the WC office!