SMace
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This procedure sounds like it would be covered by FMLA. I never make a decision whether to accept or deny until I have the paperwork in front of me. So, I think you are jumping the gun. Give her the paperwork and wait and see what you get back. …
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Welcome to the forum. You bring up a good point, and I'll bring up a couple of other points. I look forward to being enlightened if that is the case. First W/C is covered under state law and some states have retaliation protection and others do n…
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I will expound on what Don said, which is good advice. I also cannot imagine that he is not a qualified disabled person. If the doc says he needs another month, I think that would fall under a reasonable accomodation depending on your budget, fina…
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If they've worked for you over a year, they ain't temporoary. Not having to deal with this, I'm not sure of the specific requirements of "joint-employers". I believe that courts made some significant clarifications regarding temporary status and b…
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>I have a Customer Service Supervisor that makes >her team cry and they hate going to her to ask >questions. She intimidates them, she yells, she >does the tone change, and she outright refuses >to help them to take an irate c…
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Depression, whether it's covered under ADA or not, does not give someone freedom to act like an idiot. The information you've given does not lead me to believe they are covered under ADA. Define the unacceptable behavior and follow-up. If they as…
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How do you know she was in a car accident? I think you should offer the ee FMLA. Send her a certified letter with the forms that states she has 15 days to return the paperwork otherwise she will be considered to have voluntarily quit.
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Do you have a policy that outlines the return to work procedures for someone out on FMLA? If you don't, what have you done in the past? I can respond further if you answer these questions.
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Yes
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[font size="1" color="#FF0000"]LAST EDITED ON 01-09-04 AT 02:40PM (CST)[/font][br][br]Balloonman, I never like to term when they are on WC. My theory is they are going to milk the living crap out of it. Have you found that to be true? We do not t…
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You should always run WC and FMLA concurrently. You are responsible for benefits as long as she is an employee. Here is a scenario. You sound like you have to comply with FMLA. You terminate her and she comes back and says she was not allowed …
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One statement raises a red flag: nobody wanted to bring her >back under their payroll for clerical work Can she do clerical work based on her restrictions, experience, qualifications, etc.? Is a clerical job available? I do not knwo if PA…
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I do not report our first aid injuries to our WC administrator because they consider it a claim when computing their admin charges. We argued a little, but they agreed that I did not have to report them. It may not save a lot of money, but every $…
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My common sense tells me that if it was denied it was not a work related injury and thus would not be on the report. We both know that common sense does not always prevail. I wouldn't put in on there.
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I would not think letting a claims expert in state WC law making a determination if they are covered would suddenly classify them as an employee. But, it's not bad advice if you want to be ultra, super cautious. They would still have the opportuni…
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I'm sure federal contracts are littered with common sense, so if the govt. says it's a benefit it surely has to be. I've never considered a statutory requirement a benefit. Do you consider their right to sue you under Title VII a benefit? We'll a…
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I do not consider WC a benefit. I consider it a statutory requirement. You don't say, hey you should work here instead of there because we have a great benefit- we have WC. That aside, I would contact your WC carrier and submit the claim to them.…
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Quite an interesting concept. I've never heard of anything like that before.
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I'm no portal to portal expert and just scanned a recap of the regs, but if it is designated that the "center" is her place of employment for the time being, you do not have to pay for miles. In NC she would not be eligible for pay. They are not p…
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I would suggest first trying to work on the job, not the person. In your situation, when they are released to MMI, then you can sit down and have the talk. You missed on part in the talk though, after ", and, if not, ..." you need to look at rea…
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You could ask the employee. She might come up with something that would benefit the business. You can always say no if you don't like it or it would aggravate her symptoms.
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Not only do you need to worry about her coming back, but you should also worry about the current and new employees. Based on the info you gave... their hand hurts for a liitle while or they quit, you are going to have more of these claims. Especia…
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Il WC law states that a previous condition aggravated by current work is covered under WC by the current employer. All states do not follw that line. So be careful to just assume that it is covered. Get all your info together and send it to your …
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If my WC company paid this claim, first I would rip my broker a new one and second I would find a new WC company.
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Everything you've done sounds good to me. I would continue to count his absences as unexcuesed until he gives you documentation otherwise. I think your 5-day guideline and certified letter sounds good. He can argue retaliation (if that's possible…
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What is your policy regarding ee's who run out of FMLA? If you do not have a policy what have you done in the past?
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If the claim is tied to WC I would be very cautious about terminating for no call/no show. I don't think many no call policies require someone on WC to call in every day. A sympathetic jury could eat that one up.
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Before I would do anything, I would make darn sure that his chest pains have nothing to do with his injury. I would ask the comp carrier to give me the specific reasons for denial. If you have any doubt about their reasoning run it by your own att…
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HIPAA does not apply to worker's comp. Yes, absolutely yes, you can call the doctor and give them the info I described above. You are also entitled to info about their injury and you do not need a signed auth.
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Does the doctor she is seeing know the physical requirements of her job? Make sure the doctor or the nurse has the info and let them do the work for you. Also tell the doctor or the nurse that you have work available and will accomodate light duty…