Need WC help

HRratrace · August 2004

I am new to the complicated world of WC, so please bear with me in this post.

We have an EE who injured his knee (bumped it on a machine) 1 1/2 years ago. He is STILL on light duty (doctor says he must have a "sit down" job). It's rumored (by talk on the floor) that this light duty may continue for 1-2 more years. The way he's been milking this I am somewhat inclined to believe that rumor.
His normal position is as a set-up technician for our molding machines. Our rate of pay for a set-up position is $12/hr. The only "sit down" job we have is in foaming...those positions start at $8/hr. We've been paying him his usual $12/hr wage since he initially filed for WC 1 1/2 years ago, but it's killing our budget to continue to pay him that type of pay for foaming.

Questions:

1) Must we continue paying him the higher rate of pay? Any options here?

2) Is there a limit to how long "light duty" can reasonably last? This seems excessive to say the least.

P.S. We are located in the state of TN.

Thanks in advance for your help everyone!!!

LindaS · August 2004

Talk to your W/C carrier. It seems very excessive to allow this to go on for this long without having some type of end of healing or PPD rating.

mwild31 · August 2004

[font size="1" color="#FF0000"]LAST EDITED ON 08-16-04 AT 04:29PM (CST)[/font][br][br]I would talk with your WC carrier. In my state, an employer can continue to pay the same rate of pay for the light duty position and many do so to avoid Time Loss (not sure what it's called in other states). Time Loss is what negatively affects an employers experience factor. Other employers only pay the going rate for the light duty position and then the employee applies for Loss of Earning Power with the (in our case) Department of Labor and Industries (L&I). The ee's claim manager helps the ee with the forms and then L&I sends a check to the ee for the difference between their wage at time of injury and the new light duty wage (the difference is subject to L&I's rules regarding wage reimbursement which is usually 60-80% of pre-injury wages). Since the employee is making slightly less, it can sometimes be a motivating factor to get the ee back to work. It does count against the employer's Time Loss, but it's something to consider with a long-term injury and immediate cash flow issues.

As to limits to light duty, it's my understanding that light duty can continue as long as the ee or the employer want it to (this is a slightly facetious statement). What I mean is, without the employer/worker comp. carrier taking a strong active role towards claim closure - it can remain open for a very long time – since there’s no motivation for an ee that's not motivated to close it. The good news is that this can be reversible with someone, you, willing to tackle the WC world. Get on the horn with your WC carrier, meet them in person if you can, let them know there's a "new sheriff in town" and you want to see closure on all claims that have been open for 2 months or longer. If they can't immediately close 'em (which they probably won't as this is a pretty lofty demand), then have them tell you what specific steps you/they need to take to reach the goal. For the injured ee in question his injury might mean that he can never do a stand-up job again, but his claim could still be closed & at closure he might be eligible for a permanent disability lump sum payment (determined by doc. and worker comp. guidelines). Don’t worry about being new; we all were at one point or another & there's always a lot to learn. x:-) Jump in & good luck!

Don D · August 2004

As you know, Workers' Compensation, like Unemployment Insurance, is a state specific set of laws and there are at least 50 of them. In our state, as our policy states, worker's compensation restricted return to duty, is time limited (loosely) intended to last no more than three weeks during a recuperative period, after which the employee returns to full, ordinary, usual productivity and activity. Developing 'sit down' or 'broom leaning' jobs for those on workers' compensation will damage the morale of your company and your bottom line far more than will termination of a comp employee affect your experience rating.

HRratrace · August 2004

Just to update on this situation...

I called the doctor who is treating this EE and requested a detailed description of his physical limitations and restrictions, stating that "needs sit down job" is too vague. They acted strange, took down my name and number, and said they'd have to call me back. They did indeed call back a few hours later. What a find this was!!!
Apparently this EE was released to full duty on Friday 8/13, told by the doctor that his injuries had healed as much as they ever would, and he should resume his normal duties with no restrictions effective immediately (so much for the EE telling us he'd be on light duty for 1-2 more years). However, upon leaving the office, the EE asked the receptionist to write him a note and he specifically requested that she put "needs sit down job". WHOAH!!!
They (Dr's office) asked me to disregard the note I had been previously given (stating needs sit down job) and they faxed me over a new note saying he was relesased to full duty with no restrictions as of 8/14. They said they have never told him that he needed a "sit down job", nor did they tell him he'd be on light duty for another year or more. They apologized for their receptionist writing the "sit down job" note...said they were short handed and she didn't know any better, but it wouldn't happen again.
I communicated this to our Corp. Office, and the HR Director instructed me to suspend the EE pending an investigation, which we did. We've requested that the doctor's office put in writing what they told us over the phone...that the EE was released to full duty by the doctor on 8/13, but then asked the receptionist to write him a note stating differently. Still waiting to see if they'll comply with this request (fingers crossed). If they do, we're planning on terminating him on the grounds that he provided us with false information regarding his WC claim. If they won't comply, we'll resinstate him, pay him for his time off during suspension, and put him back on full duty, no restrictions.

Are we handling this correctly???

Don D · August 2004

How do you intend to defend your assertion that he was a party to what the 'receptionist' wrote about his needing a sit down job? All he has to say is that he had nothing to do with that. You can't terminated him for HER stupidity.

mwild31 · August 2004

"I communicated this to our Corp. Office, and the HR Director instructed me to suspend the EE pending an investigation, which we did."

This seems to be an appropriate action to me given the conflicting circumstances surrounding the note: what the doctor has said verbally over the phone vs. what the ee states occured.

"We've requested that the doctor's office put in writing what they told us over the phone...that the EE was released to full duty by the doctor on 8/13, but then asked the receptionist to write him a note stating differently. Still waiting to see if they'll comply with this request (fingers crossed). If they do, we're planning on terminating him on the grounds that he provided us with false information regarding his WC claim."

This too seems appropriate to me given that you have an outside source (the doc's office), not directly affected by the outcome, corroborating your decision. Also, it does seem pretty cut and dried, but only you and your HR Director know all of the details - just go over them with a fine tooth comb before deciding to terminate (plus, check your policies and make sure you can go straight to termination & you don't have to go through a series of "steps" first).

"If they won't comply, we'll reinstate him, pay him for his time off during suspension, and put him back on full duty, no restrictions."

Finally, this too seems appropriate if the doctor's office does not comply with your request for written confirmation of the phone call. In my eyes, if they don't, then it's as if it never happened as it will only boil down to a he said/she said type of ordeal.

Only other thing, just call your WC carrier and then let know the amazing twist and see if they have any other advice to offer. Pretty amazing! x:-)

Need WC help

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