what would you do?

first let me thank all you guys for the advice given to troubled fellow hr persons. I have been reading the boards for some time now and this is my first post, so I will try to keep it short. An ee after 2yrs of dr appt's(not noted as job related at that time), for a weakness that started in hands has said to myself and another hr rep that the injury happen at work, and that he did not relate the injury at that time(nor now) with the mishap with putting away pales on a shelf that hit the side of his head. before this confession he had been seen by an IME which agreed with his doctor that he could not do the job anymore. Also this ee has been given restricted duty assignments, and another job that was then given to another ee due to the urgency of the assignment conflicting with the injured ee family(out of town),issues at this time. the ee do not want disability, has continue to come to work,( after taking vacation days to travel for family member)but with nothing assigned to him to do. ee is also taking prescription drugs. questions: what would you do with this confession? what do you think of this situation?

Comments

  • 8 Comments sorted by Votes Date Added
  • What's an IME? What hit the side of his head? When? Was it recorded or witnessed? Did he complain then or later to the company about that? What's that got to do with a weakness in his hand? What can he do or not do? My advice is to sit him down, go over the precise job description with him, tell what he is expected to do. Don't accommodate him at this point. Only the ADA requires you to consider accommodation and I don't hear that he's disabled. Once you remind him what the job requires of him and he says he can't do it, consider termination and document all conversations well. I would not accommodate him further or you'll wind up with a forever accommodation and a redefined job duty for this particular employee.
  • Don, IME is an independent medical exam. First I would check with the state on the statue of limitations, PA is a lousy state for WC.
    Second, I would talk with the wc carrier, about reporting a claim so they can investigate it. I would also be clear with them that they are to deny it.
    Either way, I would then do as Don suggested, sit him down, get him to confirm that he cannot do the job, then let him go. (Not that quick and easy I know)
    To be honest, two years after the fact, I really don't care if it happened at work or not. Also if the doc said it was WC your health insurer would have red flagged it and started denying the claim. WHat I think is happening, is that now after becoming medically unable to perform this job the individual realized that WC will pay you if you cannot work.
    My $0.02 worth!
    DJ The Balloonman
  • It threw me when she said "I was SEEN by an IME". I'm familiar with the IME you SEND someone TO, but didn't understand what was meant by an IME seeing me. I've currently got three ees jacking us around about fraudulent WC claims.
  • I am sorry for the typo Don,( it was late/early in the AM when I posted)
    I am a male, not female.
    what problems are you having with those ee's?

  • One who says she has a sprained thumb can't use that hand on job but can wait tables on a second job. Another probably fell at home and concocted a story about falling at work with no witnesses. Another having hand surgery with no apparent work related circumstance or injury to support it. Just routine run of the mill stuff.
  • hI bALLONMAN
    THANKS AGAIN FOR SOME GOOD ADVICE. THE JOB GIVEN TO THE EE HAS BEEN ASSIGNED TO SOMEONE ELSE. I HAVE TALKED TO MY BOSS ABOUT FINDING THIS EE SOMETYPE OF JOB THAT'S LESS PHYSICALLY DEMANDING. THEN I WILL PRESENT IT TO THE EE SO THE RECORD CAN BE CLEAR AS TO WHAT HE CAN/CANNOT DO.
  • Don D thanks a lot. I have tried to answer some of your questions.
    >What's an IME?
    Independant Medical examiner paid for by our company.
    What hit the side of his head? The ee stated a pail hit him when he was climbing a ladder at work.

    >When? Was it recorded or witnessed? It was not reported to the supervisor, and it was not witness.
    Did he >complain then or later to the company about
    >that? later, after he was placed on modified duty for also 2 years, and after the IME exam.
    What's that got to do with a weakness in
    >his hand? What can he do or not do?
    he has been diagnois as buldging.
    My advice is >to sit him down, go over the precise job
    >description with him, tell what he is expected
    >to do. Don't accommodate him at this point. Only
    >the ADA requires you to consider accommodation
    >and I don't hear that he's disabled. Once you
    >remind him what the job requires of him and he
    >says he can't do it, consider termination and
    >document all conversations well. I would not
    >accommodate him further or you'll wind up with a
    >forever accommodation and a redefined job duty
    >for this particular employee.



  • Not familiar with the diagnosis you mentioned and doubt that a pail hitting somebody in the head would case problems lasting years, unless it was one of those milk cans from the 30s that weigh 40 pounds!
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