Employee on Workers Comp Not Complying

Nevada HR

Hi All,

We have an injured employee on Workers Comp who meets FMLA criteria. We provided him the Cert of Health Care Provider form for his doctor to fill out. After a couple of reminders, he said the doctor wants $10/pg to complete the form (3 pgs) and asked who was paying for it.

I explained that the employer only pays if a second or third opinion is required. He said he was going to talk to his union rep about it.

Bottom line...he's WAY over the due date on returning the paperwork and I don't believe he intends to. Since it runs parallel w/ WC we can't pull the attendance policy into play.

Any suggestions on a viable recourse? Thanks!

LindaS

You do not HAVE to have the FMLA form completed. If you have enough information from the doctor regarding the W/C injury that you can make the designation, use that. I can understand the EEs resistance to paying to get the forms completed for a work related injury. If you want those forms completed, maybe you should offer to pay for them otherwise won't the W/C insurance agency just reimburse him for that expense as it was directly related to his W/C injury?

Most of the time with W/C injuries I use the information from the doctor and make the designation.

Nevada HR

That sounds reasonable. I thought we "had to" have it.

sonny

Like Linda, with WC we use the WC Dr.'s information.

joannie

We do the same. You usually have all the necessary information in the comp file. No need to duplicate efforts.

Nevada HR

Thanks a bunch!!