Down_the_Middle
About
- Username
- Down_the_Middle
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
If everything falls into place as you suggest, I would certainly terminate him for fraud. From my former life working in Minnesota, we discharged someone who submitted a fraudulent claim, she appealed the discharge and it was upheld. Not sure if M…
-
Nope. Not w/o some huge discrimination risks. Focus on the illness/injury vs. the cause.
-
I'll assume this is a non-exempt employee and I can see no reason why the supervisor would pay the individual for hours worked when the employee was unable to come to work due to a work related injury. I think that's a dangerous precedent----------…
-
You should require employees to use whatever form of accrued pay that you mandate or permit for any other absence due to illness.......FMLA will likely run concurrently with the w/comp absence if your employer is covered by FMLA. Be certain to chec…
-
Having some experience with this kind of "questionable" employee, if you can return him to employment consistent with the FCE, then I'd do that. Supervise him closely to ensure that he doesn't exceed his limitations and ensure that he has the adequ…
-
busman: The short answer is YES, as long as the basis for the termination is not related to their w/comp status. Many states prohibit any form of retaliation against employees filing or receiving w/comp benefits, but as long as the need to terminat…
-
Paul Just read an article confirming that W/C is not covered by HIPAA. Neither fully insured nor self-funded plans are covered. PHI applies only to covered health plans.
-
Without knowing what state you do business in it's impossible to help with an answer. In my experience of working in many different states, if the individual is an EMPLOYEE, they're covered by the w/comp statute. If the person is an indep contract…
-
Termination may be an option if you treat her the same as all others who have been off work for 3 months and were terminated. Since that's probably not the case, I'd be reluctant to discharge her. Do you have a transitional duty or work hardening …
-
I think I'd offer her to return to work, in accordance with her MD's statement and explain to her that in the absence of any objective medical findings you believe she can perform her job safely. If she refuses to come back to work, your state prob…
-
Pennsylvania state law is your answer to this question...... Having worked in many other states, I would offer the following: If the employee had to traverse a public street to enter a private company parking lot the course she took was an ordin…
-
I doubt you'll have any success getting the other employer to subsidize your payments to this injured employee. They're already on the hook for medical and probably lost time payments under your state w/comp. Seems to me you pay her for lost time a…
-
I believe most states exclude military service (service performed in the employ of the U.S. government, etc....) from being eligible for unemployment compensation, but to be certain you should check your own state statute.
-
The first thing I would do is to confirm the time requirement for filing a w/comp claim in Florida. Many states permit a claim to be filed within a 12 mo period, so you must first determine what statuatory requirement exist for your state. My gues…
-
Unless Ohio is much different from some other states AND unless the employees were EXPECTED BY MANAGEMENT to play on the team, I would not think this type of injury is compensable under a w/comp situation.
-
Isn't this normally the way things happen?!@#$%? Before you charge forward with termination, I'd first of all confirm whether he had been given authority to spend the $400; then ask him about it. He owes you an explanation and you should use that…
-
How unusual for a marginal employee to be trapped in the w/comp arena....... And I'll be the performance issues aren't documented very well either....... Regardless of which state you're in, I would think discharging this person will be viewed as r…
-
I can't imagine your state handling this differently, but every other state I know commences lost time indemnity payments to the employee based on the date of accident. W/comp payments are not coordinated with any other employer paid time, so if yo…
-
I'll assume your question is, "Is there any way to terminate a poor performer once they file a w/comp claim"? This is analogous to trying to pet the horse after he left the corral. While most states prohibit retaliation for filing a w/comp claim,…
-
I've had experience with this type of thing in 2 states (MN & LA) and both times the employee was permitted to continue the lost time payments. In 1 case, we hired the person back and in the other, we offered to re-hire, she refused and we d/c'…
-
In your race to the finish line, you might have missed a couple of turns............. I didn't see anything that presumes FMLA from what you stated. Rx's for "undiagnosed" fibromyalgia doesn't constitute anything. Unless there is another illness t…
-
Dave: I think you could use any of those options to obtain any needed PHI data. We seem to have better luck with your option #3, but whatever works for you...... A simple phonecall to the provider might get what you need for non PHI clarification…
-
I would recommend activating a fitness-for-duty exam (or whatever you may call it) to determine suitability for work..... Not becuz the employee brags about the Rx's, but becuz someone doubts the ability to do the job. If you have Occup Health MD…
-
mushroom HR: Despite the practicality of Don D's comments, which have value, keep in mind that Courts are growing weary of employers deflecting responsibility to employees and then dropping the hammer. I'm involved in a legal case right now and am …
-
I prefer to think of it as trying to balance the interests of the employee and employer, but sometimes it's hard to distinguish...........
-
I agree with Marc, altho more strongly. The fact that you know the employee is ill with numerous absence days obligates you to explore this further to determine if FMLA is applicable. The courts have said that employees need not mention FMLA or an…
-
Having "too many restrictions" is almost an oxymoron to me, cuz if he's able to perform the essential functions, we get the person back to work doing something. Termination may be your only option if you do not offer any other type of Non FMLA leav…
-
Remember to get the employees permission b/4 picking up the phone to chat with the MD's office..... or use a health provider to obtain the needed info. HIPPA and a whole bunch of other problems will plague you for trying to obtain this protected i…
-
At the risk of being too brief, if you've made reasonable efforts to obtain the necessary med cert info and it has not arrived, you're under no obligation to grant the FMLA request. I've seen this type of thing a number of times and while all of th…
-
KP68: I'd probably go with the MD's cert and as Don suggested, work with the employee to find a mutual way to address her absence. Requesting to be off work for weeks at a time (full days) doesn't make sense to me, so some type of intermittent abse…