LindaS
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Here in Wisconsin they would get paid which is why we go ahead and pay the time missed. The employee also gets mileage for driving to and from the appointments. Once the employee has missed 7 days (remember these days need not be consecutive), the…
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We go ahead and pay them for their time. If we don't, the WC carrier will and will increase the amount of the claim. I advise employees to schedule the appts. for as late in the day as possible and most do. I haven't really run into too many prob…
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Was this a doctor he chose or one you sent him to? We do not force an employee to go to a specific physician and allow them to choose who they want to be seen by. You will always find doctors that will give the employee what they want regarding re…
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I would talk to someone higher up than the claims adjuster you are currently working with. I have utilized invetigators in the past and it is amazing with the information they can find. For the claims adjuster to inform you that the investigator i…
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I agree with both posts. Apply your regular attendance policy toward her absence, unless you have also approved her for intermittent FMLA for her injury. As far as her PT appts. if you haven't already, notify the insurance carrier of the situation…
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While the recent Ragsdale v. Wolverine case allowed an employer to go back and count an employee's absence as FMLA although they failed to notify the employee, it is not something I would recommend, especially in light of the fact that you did not h…
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If you don't already have a policy in place regarding running WC and FMLA concurrent, you need to do so. Once that has been done, notify the EE that any time missed counts against his FMLA allotment. Keep in mind that if this is a compensable inju…
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Again check with your state regs. as here in WI we CANNOT direct the employee to a specific physician. They get to choose their own!
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When it comes to WC, it is EXTREMELY rare for me not to be able to find SOMETHING for them to do. They can come in and watch safety videos, stamp envelopes, sweep. I especially like the idea of the MSDS books!!! If you have any questions regardin…
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Ditto.
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As far as insurance premiums, my understanding of FMLA is that you CANNOT terminate an EE from the plan as long as they are on approved FMLA leave. The employee has three options regarding payment of premiums...1) payment of premiums before they go…
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If the medical records support that she became ill as a result of an exposure at work, it is obviously a workers comp. scenario. As far as pay goes, unless you have a policy that calls for paying the ee in excess of what WC pays, I wouldn't do anyt…
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If she was disabled back in July, she should not be eligible for UI benefits. In order to collect UI (at least in WI), you need to be ready and available for work. If she is disabled, she is obviously not ready and available. As for after 9/22, s…
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Based on the title of the post, I'm assuming you are talking about a work-related injury and if so you cannot require them the use PTO time for time missed due to a medical appointment (at least not here in WI). In addition, if an employee has miss…
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Mjindra - while I am not an attorney, I am in Wisconsin and as long as I had the documentation to support the fact that he would have been terminated prior to his accident, I would go ahead and terminate him. He has the option at that point to file…
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When was the last time you received documentation regarding their inability to work? Is the claim still open? I would go ahead and send them the COBRA paperwork because even though the FMLA paperwork wasn't sent two years ago, they have still rece…
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Has she received any medical treatment to support the claims that she is making? If not, the first thing I would do is provide her with a current job description and inform her that medical restrictions will no longer be accomodated without medical…
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I would report it to your WC carrier just to be on the safe side. If he is refusing to seek treatment, I would also advise the WC carrier of that as well as inform the employee that his failure to seek medical treatment results in these absences co…
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I wouldn't be too concerned about the past injury. The employee chose not to seek medical treatment, or if he did he didn't report it, so this would be considered a new injury.
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Ditto to the above. I would not engage in helping an employee file an appeal after a denial of W/C.
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When you say, "just not working out" what does that mean? Is he not performing to standards, are there other documentable problems with the ee? While WC does not protect an employee from being terminated, you want to make darn sure you have docume…
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By "it", I'm assuming you're talking about payment. What are your state regulations regarding payment for W/C? For example, here in WI payment doesn't begin until day 3 of missed work and isn't retroactive to day 1 until day 7. In the event that …
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We have had employee's resign and/or retire as part of a W/C settlement although it typically costs more.
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I don't know what Vermont's WC law states but if he were in WI, I would immediately send him to the local ER/Walk-In clinic to be evaluated. At least then you have some idea as to the extent of his injury and if he chooses to go see his doctor AFTE…
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I wanted to thank you for your responses and follow up regarding what has been done. We thought we (as the employer) had skirted the problem since another employee with more seniority signed for the job but he has since refused the position which p…
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You've got a point...
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Assuming he qualifies for ADA, there is nothing in the regulations that I am aware of that states you have to maintain his health insurance benefits as part of the "reasonable accommodation" process. FMLA states that employers must maintain the hea…
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I have only been with this company for less than one year and from my observations, these employees have not been treated as "disabled" but rather that they cannot do a certain portion of their job. This inability has been accomodated and 3/4 of th…
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What were you able to do regarding social security? I agree that this qualifies as FMLA but the issue here is that the employee WANTS to work but her disease is getting worse and is making her unable to meet production requirements.
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If her performance has been affected, address that issue first. She will most likely bring up the subject of her eyesight at which time you can begin the process of determining whether or not her condition qualifies as ADA. If it does, begin the p…