Balloonman
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oh s moll you silly child. You are applying LOGIC to California WC. If you worked for me I would call that grounds for a reasonable suspicion drug test! :-) My $0.02 worth. DJ The Balloonman
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First off, you are screwed. LOL, sorry but you are in CA. Second, ask your carrier to clarify who gets to choose the doctor. I believe the employee can request to use their own, but there should be a procedure. I would also direct my WC carrier …
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If they are not covered by WC then they could sue you for sustaining the injury because you created or allowed an unsafe condition to exsist. See where I am going. If they work for you, they are covered by WC. Like SMace said, turn it in and let …
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No way to effectively do this. Fact is if you do, and you miss one, and they get hurt you will get hung. It either is work related or not. Fight the ones not work related, it is really all you can do. My $0.02 worth! DJ The Balloonman
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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 cle…
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James, they would not have paid "your" portion of the premium. It would normally come out of your pay, but you get a check from your WC carrier instead of work so it is very reasonable to expect them to pay it. My $0.02 worth! DJ The Balloonman
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The next time he calls in and cannot work because he aggravated the injury at home get the details of what he was lifting. If he violated his restrictions write him up. Those restrictions are 24/7 for both work and home. I have done this, it also…
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DON"T DO IT! Those back belts have actually been shown to cause more problems then they allegedly solve. Proper lifting technique training, and designating a 2 person lift at certain weights will do you better. The problem with the belts, is they …
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Call her, check and see how bad she feels, offer to send her to the doctor, document conversation. If she misses again then you may have to make some decisions. My $0.02 worth! DJ The Balloonman
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I have had that happen before with work related injuries. The doctor will release then no restrictions till surgery as no further harm can be done. Of course my concern with non work related issues are, can it be aggravated? If so it can become w…
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Seems like it..............oh yeah, I don't allow OT for people on restricted duty...........if they are not 100% why would you let them work at 150% of their salary. Something for everyone to think about. My $0.02 worth! DJ The Balloonman
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I would have her submit all claims to her health insurer. Unless there is something work related that caused her to pass out, which is unlikely. State law might say that any actual injuries are covered under WC, but I still would not submit a WC c…
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mandatory event = WC You may still be able to do damage control. If there is a waiting period, where WC does not pay then she can use sick time to avoid losing any money. My $0.02 worth! DJ The Balloonman
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The lawyer from the insurance company is on your side, give them what they need to defend the case, especially if they have signed releases. Make sure they also get the results of any air sampling that was done. The question is are they legitimat…
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Have used surveillance companies before with mixed results. When it can be shown that after leaving court or the doctor saying they can barely move and then shown fine later that day it helps............. but video alone will not always convience …
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Call them back, I am not up on WI, but in my neck of the woods, they would not pay, "as we would have had work available, but for their drug use which got them fired." My $0.02 worth! DJ The Balloonman
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Hatchetman's response was great, just one point. Don't hold the "Great" responses against him. It may be a coping mechanism, nobody likes a whiner and he may be very self concious about the challenges he is having. I know in one miserable employ…
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You are only required to look and see if you can accomodate any restrictions in the same work environment. For example, if you hired hired him in the warehouse you do not have to give him an office job to accomodate the restrictions. Depends on th…
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You do not want to lose control of the treatment by sending him to his own doctor. He may not want to work, hence the doctor is a "quack". I would call the clinic and ask if there are issues with symptom magnification. I would then call the empl…
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Still send them. Some substances (marijuana) stay in the system for longer lenghts of time in the fat cells. Besides you don't want them to think that they can avoid the drug test with delayed reporting. Besides if they are dumb enough to be doin…
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This is a tough one as each state has different laws. I myself have not dealt with this issue. I know if they are roofers, then they are hourly. I would clearly state in a memo or policy that workers are only considered working during the time th…
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Lets not make this more complicated then it needs to be. First yes we must determine if FMLA is involved. But when you have someone not going to PT appointments work with the WC carrier to stop ttd payments for non-compliance with the treatment pl…
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The suggestion that the WC carrier come out to perform an evaluation are excellent. But I have a couple of questions for you also. First is the Safety Coordinator doing this full time or is it additional responsibilities that have been pushed off …
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Actually if at some point the new non-work related injury keeps him from returning to work but he would have been back from the other injury you can stop the ttd payments. Things like this happen. Just because you are out on WC does not mean you n…
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Two things I would do is check and see what the actual diagnosis is. Because this is not from a long term exposure I am leaning towards reporting it as an injury as opposed to being a respitory condition. Second, just call your local regional OSHA…
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mjindra, I would create a generic work ability form, (just rip off the clinic's version) and specifically require these doctor's to fill out what work the employee is capable of doing. Specific motions and weights. Can lift 50 pounds frequently, c…
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LOL, I probably should not tell you that in Missoui, and in Kansas I get to control the medical. Totally in Missouri, and in Kansas they get $500.00 of unauthorized medical, but I have always made it clear, authorized treating physician say is what…
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If you think/know he is doing it to get the time off you need to make sure you have restricted duty available. Work he will not enjoy, or with that same group he wants away from. I would also find out when the arm got sore, see if he reported it i…
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How to gain control, first educate the workforce on how wc works and how injuries effect premiums and the overall economic condition of the company. Limited resources, large increases in wc premiums may effect the money you have for increases. Sec…
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Do nothing. They will be notified by the division of WC on the denial, their rights etc. Hey Marc, I hope one of your changes was firing the HR Director who actively worked to get claims accepted, geez what a moron. If it is legit, we want the e…