Termination of a co-worker currently being paid workers compensation

Roman

We are a non-profit/nursing home in Michigan.

A co-worker suffered a workers comp injury in 1998 that led to surgery in July 2001. For three years and nine months we have been paying workers compensation. The diagnosis by the physician (and acknowledged by our comp insurance) is that this co-worker will probably never be able to perform the duties of a housekeeper again. We have pursuing a monetary settlement to no avail. I would like to terminate employment to encourage a settlement while continuing to provide workers compensation. The comp insurance provider says that they never do that. Has anyone tried this approach?

Any advice is welcome.

Don D

I probably would. But, in this state, you can. Don't know about MI. What's the possible advantage for having her languish on the books, unable to work? The carrier doesn't think that positively of termination since, after that event, the whole thing is totally theirs.

jrzgrl

As soon as an EE is off of work due to a work-injury, I notify them that their time is being counted off of their FMLA entitlement. At the end of the entitlement, they are termed. Our policy states that they would receive health insurance as long as they are on a leave, so counting the time against FMLA keeps that from going on indefinitely.

pork1

ROMAN: Welcome to the forum!!!
We depend on the W/C physician for the written decision that an employee has reached Maximum Medical Improvement (MMI) and is restricted from doing the physical activities of an empolyed position, I will, immediately, issue a status of employment letter to the individual. This will notify the ee of his seperation from our employer/employee relationship (termination) This will then kick in the termination documentation and the COBRA letter which will follow from our 3rd party administrator. Settlement of a W/C case is the last thing for discussion. This company refuses to accept any discussion of settlement of anything greater than that prescribed by law as a right to disability payment, monthly. Settlement discussions on W/C cases is an attorney enhanced involvement system and our owners refuse to play that game. The ee is going to get XXX, whether he has an attorney or not, once he retains an attorney, he/she has just bought a partner, who's vocation is to make the injury damages grow and collect no less than half of the injured employees awards for getting hurt on the job.

By all means get the physician's determination that the ee has met MMI and move on from there. I will be the company representative in a W/C hearing in the first week of May.

We wish you the best, with your long term W/C ee, ours is now going on 4 years. The ee has got to die inorder to get better! It is a shame that the employee felt it necessary to make contact with an attorney. The attorney is booking time and is owed for the time booked. The judge may find against us, when that happens we will pay or appeal any decision made my the judge. It will not be a settlement, it will be a legal action that everyone will know as public record.

PORK

JM in ATL

We have an ee out on WC now. Her physician has approved her to come back to work full time. However, in the state of GA the injured has 16 days to "try" the job and if they just can't do it, they don't have to. Her physician has recommended that she get surgery, which she refuses to do b/c her husband is in another state and there will be no one available to care for her. She is one of those who "will never get better".

We asked our attorney's if we could let her go - seeing that she was on her last written warning at the time of the accident - and he advised against it.

She has retained a lawyer. We have offered to settle for the cost of the surgery under the condition that she terminates employment. She wants more money than what we are willing to settle for. We go to mediation later this month. We'll see what happens.