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One day on the job...out with injury ever since

aliciacaliciac 88 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Let me start by saying that we don't have EE's view or sign a job description with essential job functions before starting their employment (bad, I know...we have them but haven't started using them yet)
We hired a guy who worked for half of a day and hurt his back lifting some boards (we're a lumber retailer). He finished his shift that day and then didn't come back. He is being extremely uncooperative and it took a lot of phone calls to even get a doctor's note from him.
We've done some investigation and found that he he had pre-existing conditions with his back (we don't do pre-employment physicals either!) and that he has had the same doctor for all of his previous claims. His doctor is also being very very uncooperative and we're thinking of paying for some surveillance at this point.
Aside from saying what we should have done (job descriptions and physicals) could anyone advise as to what can be done now as far as damage control?
We have offered very light duty to him and the doctor has denied it, we have a KOS policy which helps keep our L&I rates down, but this guy is going to be a huge problem in the future (if he should ever happen to work again).
Any thoughts?
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Comments

  • 6 Comments sorted by Votes Date Added
  • NaeNae55NaeNae55 3,243 Posts
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    If this is work comp then your carrier should be following up on this. Keep in contact with them. They are probably familiar with this doctor too, if he is always ready to sign-off on his patients. I would think they would require a 2nd opinion. That is what I would do. If the 2nd contradicts the 1st, then you will need a 3rd (and you or your carrier will have to pay for all).

    I have not been involved in a case like this, so my experience is limited here. I am sure there are plenty of forumites that can help you though.

    Good luck!

    Nae
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  • aliciacaliciac 88 Posts
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    Our carrier is staying right on top of this one, which has been great. I suggested the second opinion, and the EE has actually been referred to a specialist from his regular doc (which could easily be shady as well).
    Has anyone out there gone the surveillance route before?
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  • lnelsonlnelson 670 Posts
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    Why haven't you tried to get him to your doctor for care? Unless he predesignated a doctor when you hired him the ER has control of his care for the first 30 days? At least that is the case here in CA you may want to verify this with your states regs or your carrier.

    I would schedule appt w/ your doctors/clinic if he misses the first one schedule another make sure your WC carrier is aware of these appts.
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  • LarryCLarryC 1,267 Posts
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    In some states, such as Minnesota of course, the EE has the right to see her own doctor.

    Aside from that, I have used surveillance in the past. It is very expensive, but can be helpful. You have to catch them in a pattern of misdeeds not just a few "events". That's where it gets expensive.
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  • aliciacaliciac 88 Posts
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    As far as I know the EE has the right to see their own doctor, but we can require and pay for a second opinion.
    Our carrier recommended that we do 3 days of surveillance, do you think that's enough? Or would that still be considered just a few events?
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  • LarryCLarryC 1,267 Posts
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    That will depend on what the EE does during those three days. Hopefully he/she will be quite active. With this EE's past, I wouldn't be surprised if the EE is "on alert" for surveillance.
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