WC vs. Light Duty in PA
wanwesty
3 Posts
I have a woman whose main job was a Home Health Aide for our home care company. She injured her back during a patient transfer was out on WC, came back to a light duty office clerk job, aggravated the existing injury, went back out on WC. During her WC, the division she worked for merged with another company and we no longer have home health aide positions and the clerical position no longer exists without that division.
Our other divisions also split off into separate companies now and nobody wanted to bring her back under their payroll for clerical work. The WC hotline told me that we do not have to create a light duty job so she would just stay out on WC. She will most likely never resume duties as an aide therefore they are now trying to get her vocational retraining. She remains on our medical and dental all this time, paid by the company. When does our responsibility end for her benefits her WC and providing her with a job to return to?
Our other divisions also split off into separate companies now and nobody wanted to bring her back under their payroll for clerical work. The WC hotline told me that we do not have to create a light duty job so she would just stay out on WC. She will most likely never resume duties as an aide therefore they are now trying to get her vocational retraining. She remains on our medical and dental all this time, paid by the company. When does our responsibility end for her benefits her WC and providing her with a job to return to?
Comments
nobody wanted to bring her
>back under their payroll for clerical work
Can she do clerical work based on her restrictions, experience, qualifications, etc.? Is a clerical job available?
I do not knwo if PA has WC retaliation? If it does the clerical scenario may get you.
I'm inclined to get ee's on WC back to work. Light duty can do wonders for their health. I do not like to terminate an ee on WC because they can milk it to the hilt. They don't even have to be very smart to do it.
Depending on state WC law, your responsibility for her injury will never end. Your hotline can give you those details. I have to say hotlines are not good ways to get specialized legal advice. My opinion only. No facts to back it up.
Are you running FMLA concurrent with WC? If you are and you do not have WC laws that state otherwise you do not have to keep a job for her once her FMLA runs out unless you have an extended leave policy that states otherwise, you don't have to provide her with a job.
I probably asked more questions, than gave answers, but you ahve a lot to think about. An attorney may help.
Balloonman usually has some great advise regarding WC. Hopefully he'll chime in.
Being brand new to benefits, I did not run FMLA for her, should I have?
This person cannot lift anything more than 5lbs and must get up and move around as needed. Since the division she worked for does not have clerical work and the other companies do not have a position (they would have to hire her as they are licensed individually) we could not offer her a light duty position.
Are we responsible to carry the benefits she had before her injury indefinitely or is there a limit to that end of our obligation? Appreciate your help.
You are responsible for benefits as long as she is an employee.
Here is a scenario. You sound like you have to comply with FMLA. You terminate her and she comes back and says she was not allowed to exercise her FMLA rights. When an employer has enough knowledge about a health condition to realize it's FML, they have to offer it. Someone does not have to say FMLA to invoke the right. The cautious thing to do would be start counting FML immediately (tell her that in the letter), and get her some paperwork. Send it certified mail if you do not have contact with her and give her a set time to return (15 days if she does not contact you otherwise). If she doesn't return and you have not allowed anyone else longer, you are on stronger ground to terminate. It doesn't sound like she'll make it back after 12 weeks anyway, so the worse case is you pay 12 weeks of benefits, terminate her employment and don't get sued. You also learn a lesson.
I'm not an expert or an attorney. I'm learning like you and one way I do it is respond to these posts. Believe me , you learn quick if you post bad advice. Maybe that the case here. If it is we'll know shortly.
This is a very sticky situation and I strongly advise you to get an attorney. Your WC carrier should have an attorney on staff or one that works with them to handle these cases. If they do make sure they take into account ADA and FMLA.