Theresa Gegen TX
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Well, you certainly did the right thing by providing the information and keeping a complete file. The attorney could have found out the information about the prior carrier from the state worker's comp agency or by sending you a subpeona. I sympa…
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In Texas I wouldn't do it. Many plaintiffs lawyers will use that type of safety incentive program as evidence of worker's comp. discrimination (for example, the company discouraged employees from reporting work place injuries due to rising rates er…
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Many companies have written policies that provide that "light duty" can only be had in certain circumstances and for a limited time. This stops any argument from the employee that they should be given a permanent light duty position (because these …
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One key now is to maintain your evidence. For example, can the computer evidence be printed out in a hard copy form, so even if it is lost on the computer, you will have it if she sues. I guarentee that if she sues, she will claim that she was not…
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I think this could come back to haunt you. Especially if it bring the employee's pay below minimum wage! I would think that an advance on a paycheck should be a clear exception to the rule, and should not be given out all the time. Good Luck!
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I think the supervisor maybe needs to be talked to. The fast one may be that the employee didn't even injure himself at work, but actually did it before work. When an employee reports an injury like that, the employee should be seen by at least fi…
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Terminating someone on worker's comp is very risky. Worker's comp retaliation lawsuit is one of the most dangerous that can be brought. It has no damage caps, it can't be removed to federal court, and juries love the claims. I suggest you hire an…
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Well Paul, I'm glad things worked out. But I stand by my initial statement. If the doctor had told the employee -- this isn't work related or this might not be work related, then I would agree that the employee was in good faith and just wanted he…
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The injury is either caused by the workplace or its not. The problem the employee may run into is that it is not her choice! The regular insurance probably EXCLUDES workplace injuries. So she could have the workers' comp deny coverage, then the r…
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Before you change his job, you need to consult with your labor attorney. The employee may very well agree to change to a different job, in which case go ahead. But if he has a full release, the question may become, is the company regarding him as …
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Even though you really don't give enough facts to answer that question, some of the general rules are: In most states a company can not retaliate against an employee who has made a claim for workers' comp from a work place injury. This means that …
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[font size="1" color="#FF0000"]LAST EDITED ON 11-19-02 AT 01:55PM (CST)[/font][p]Texas worker's comp law does not restrict your right to fill the position. It does not require that a position be kept open for any amount of time. However, an employ…
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Carpel Tunnel can be caused by various things -- not just typing. Any type of close work that puts one's hands and arms in a stressed position has been known to cause it (for example, sewing, or working with small tools). One issue for worker's co…
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Before permanently replacing the worker, you need to make sure that you have complied with the Family & Medical Leave Act - is the worker eligible and has the worker exhaused all his leave. (This includes the state law and also your federal law…
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In Texas, an employee can be disciplined for failing to follow safety rules, even if the failure resulted in a workplace injury and workers' compensation claim. However, terminating and/or disciplining an employee in this situation is risky. That …
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This is a very riskly situation legally. You really need to discuss it with a local attorney who understands your state's worker's compensation laws. Good Luck!
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THis certainly poses an issue, but whether or not the employee is entitled to workers comp for the injury probably requires a closer look at the facts. Some facts that could affect the outcome are whether the vehicle was provided for the employee's …
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Based on what you said, there is no objective reason to think that she can't work. Her job also sounds like it is not physically stressful. She should be able to work up until her delivery date, if she has no complications. Asking for a doctors …
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1) Yes. Inform the employee of her FMLA possible right and give her the form for certification. Good Luck!
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Individual notifcation is not required. But your policy should state whether you use a calandar year or a rolling year. If it does not state either, you will be forced to use the most favorable to the employee under the circumstances. Good Luck!
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Under the FMLA regs, you have to let the employee know whether they are eligible fairly quickly. If she has already taken the time for the appendectomy before you discovered the error, I would not count that against her. But I would let he know BE…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-31-03 AT 01:29PM (CST)[/font][p]I would not guess on this. Send the employee back to the doctor with a list of essential functions and a selection for each: Can Do 100% Can't do at all Limited Ab…
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I believe that the military REQUIRES single parents, or parents who are both in the military to execute a legal document that would give some type of guardianship rights or legal authority to whoever the children are left with. I was in the Army du…
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The employee is absent without approved leave. The absence can be held against him. I would tell the employee in writing that failure to turn in the paperwork will result in the employee being on an unapproved leave and the employee can be disci…
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You need more details -- specifically, is this a normal pregnancy or does the daughter have some complications that rise to the level of a disability? Here is a recent article from the NH editors on the subject. As noted, it is not an easy questio…
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This depends on the FMLA reason. If the teacher is on FMLA to take care of a sick parent or child, but can subsitute on certain days, because another family member is stepping it, working as a sub would appear consistant with the FMLA. For example,…
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Yes. You are on notice. The employee has given you enough facts to indicate that her leave might qualify for FMLA. The employee does not have to use any magic words or even say Family Leave. I would talk to the employee about her rights under …
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Yes. The father gets it for the birth of the child. Whether the paid week counts as FMLA (part of the 12 weeks), depends on how you policy is written.
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You need to check your policy first, to see if you require the employee to use FMLA at the same time as other paid leave. If you do, then Don's suggestion is a good one. You may also want to explain to the employee that putting her on FMLA is a be…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-28-03 AT 10:14AM (CST)[/font][p]I doubt that there is a clear answer in the regs. A couple things to consider: Was this a true merger -- or were the employee fired from the previous company, then so…