Balloonman
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Comments
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I cannot recall what the reporting requirement is in California, however turn them over to your WC insurance carrier and ask your adjuster to deny the claim. I would then discipline the employee for failing to report an injury. If he is reporting p…
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I have terminated a number of people on workers' comp. Once the are rated and released with permanent restriction and are at MMI (maximum medical improvement) you must determine if you have work within their restrictions. You only have to evaluate…
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You will lose this arguement in front of the administrative law judge every time. If the employee had been symptom and pain free, then I would say tell her to go medical insurance route. Is this a good worker who does not like to complain? Very w…
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Keep on your adjuster to investigate. If this has been going through the health insurance then most likely when he initially reported it to the doctor he reported it as non-work related. Somewhere on the initial paperwork he had to indicate if it …
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I don't know that you can mandate where they buy their shoes. Most people wise up and realize that going cheap on shoes is not a smart move. Also the shoe trucks do tend to have shoes that are more expensive, but they are usually of high quality a…
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My response to the doctor claiming it is related to the steel toe shoe is bullsh*%! A proper fitting shoe should cause no problems. Also many safety shoes now come with a plastic to cap, which meets the same safety standards as the steel toe. I …
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Laws vary from state to state and some are easier to abuse..........this is one of the reasons we check the WC history post offer and have the employee fill out a medical questionairre. While you cannot rescind the offer because they have claims, y…
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OSHA requires the employer to pay for personal protective equipment, with the exception of very personal equipment that can also be used away from work. Eyeglasses and safety shoes are the two specific items that you are not required to pay for by …
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I have had restricted duty policies (I hate the phrase light duty, makes people think they cannot work)that had time limits. At the end of the time limit the situation was reviewed to determine if it was appropriate to extend restricted duty for an…
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Your best bet to defend this claim, is what the original treating doctor diagnoised as the cause of the carpe tunnel. If he did not say it was work related, I would use her doctor's own report to get the claim denied. If he hems and haws, I would …
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Sounds like you life will be easier..........and her most recent employer is going to have some issues to deal with, as you cannot fire someone for wanting to file a claim. That is basic stuff! DJ The Balloonman
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If she was not having symptoms when she left you then you should be able to get your insurance company to deny it. Did she have to take a physical for her new job? If so that would indicate if she was having problems then. If she indicated she wa…
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Couple of things, first DO NOT put it on your OSHA log, it is not an OSHA recordable based on the information given. Second, most likely it is covered under the "coming & going rule" so it would be covered by workers' comp. I would have done a…
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License, I don't need no stinking license! Just suspended him for two days, he called in today also, late too. He is one point away from another suspension 3 from termination. My $0.02 worth! DJ The Balloonman
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Don, That was actually what I was wresting with......he called in yesterday, saying he would not be in went on as to why............. Actually the only two things I said in the 8 minutes plus was uhuh.....mmmhhhh and "you do what you need to do". …
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I do not believe Missouri does. He would not be in this mess if he did not miss work this weekend! He will have another point drop off at the end of the month (no fault point system) but even missing 3 + months still he is attendance challenged. M…
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Don't know what the law says, but I worked for a company that required you to use any paid time off you had while on FMLA. The thinking, and I agreed, was we dont want to give them 13 weeks off then be able to have them take 2,3, or even 4 weeks va…
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No expert but I believe so.......and you have her going to the Dr. on Saturday, so it must have been legit. My $0.02 worth! DJ The Balloonman
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[font size="1" color="#FF0000"]LAST EDITED ON 04-29-04 AT 11:32AM (CST)[/font][br][br]I would not approve it. But that is me. I think she is lying. Tell her it is going to be an attendance issue, give her the FMLA paperwork for her son. Since th…
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Ditto. My $0.02 worth! DJ The Balloonman
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I agree with Marc. If you have done the analysis, and are going to be laying off a whole unit, section, department etc, then do it as planned. If you are only laying this individual off then you have a different issue. If you are laying off say …
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Don is right, yes we will accomodate the 40 hour per week limitation. However I would not allow the employee to dictate the hours. I would tell her she has the choice of working the schedule you set or resigning. My $0.02 worth! DJ The Balloonman
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Well 7+ years ago, and ignorant HR Leader told me..........."if the baby is born on Tuesday, you are expected back to work by the 6 am staff mtg on Wednesday". Honest to God, no joking. Now realize he was a moron, which I had already pointed out..…
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And you will be getting rid of a butt ugly employee and replacing him with a decent looking one! Bonus. At least with extreme makeover that seems to be the case. My $0.02 worth! DJ The Balloonman
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Myself if it were within your company policies I would offer an unpaid personal leave, with him paying 100% of insurance costs.............. does not sound like FMLA to me. My $0.02 worth! DJ The Balloonman
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Hold him accountable for his lates that are not illness related. Don't even worry about it. If he says it was cause of the headache, point out the initial reason given. So are you forgetful or lying? Because you were quite clear on why you were…
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Yes all of what marc said. But before you do anything call the chiropractor and see what the hours are. Then ask about availablity with scheduling ahead. If he is open earlier, and has appointments available, then I would sit the employee down, s…
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In a past life I never accomodated non work restrictions, but would for supervisors, as we could not afford not to have them there. They have different responsibilities. What do they do more of, manage and direct people or push pull and lift? If t…
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You are correct! Jane Does breaks her leg and misses 4 weeks, FMLA, then 3 months later has a baby she still has 8 wonderful weeks of FMLA job protection to bond with that baby!!!!!! My $0.02 worth! DJ The Balloonman
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Mace great idea, I like how you think. If he is unable to attend the scheduled doctor's appointment make it clear then that the FMLA will be denied. You control the situation, not him. My $0.02 worth! DJ The Balloonman