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>Mike wrote a good overview of the Supreme Court's decision for this >week's Employers in the Courtroom feature on HRhero.com. See >[url]http://www.hrhero.com[/url] > >Christy Reeder >Website Managing Editor >[url]www.…
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Thanks Gar. I have not had to certify anyone as disabled, but I want to be prepared. I have used the DOL WH-380 for FMLA and it seems to address serious health conditions, incapacity and treatment; but it doesn't mention disability as defined by A…
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The following question has been asked several times in this forum in various conference areas. Is there a form for ADA medical certification?? Gar, you mention an ADA checklist -- is this specific to the disability or do you have a general purpose…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-20-02 AT 10:38AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 03-20-02 AT 10:37 AM (CST)[/font] Anne -- I understand that HR should "medically certify" a disability. It has been sugg…
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DEPENDS?! -- all pun intended. Having had experience with a similar problem, I am allowed. On the serious side, personal hygiene is one of the toughest problems for HR to address. You must be sensitive, yet firm that the problem is jeopardizing t…
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OK, he's been exposed!! DonD is a cream puff x:9
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It seems to be a cruel hearted thing to do to someone who is already in a bad place. BUT, her doctor won't release her to return to work, she can't perform the essential functions of the job, and there are no accomodations you can make to help her p…
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Okay, let's see. The doctor's appointments and tardiness are being covered by intermittent FML. Tell the supervisor to back off. FML gives the employee job protection for her absences from work due to her condition. If she was having performance…
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You are correct, ADA does not protect active abusers. Place your feet very carefully on the path to termination though, sounds like she could throw out some stumbling blocks and you don't want to trip! Are you sure the bottle was her's? Did anyone …
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1st --- I have no experience with unions… nor do I wish to. 2nd --- Get documentation for the 8-hour limit. I’m positive you’ve already got this in the works! Then… “allow” says to me that you have a choice to force or not force the overtime. I do…
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I wear many hats in this small organization, so safety is in HR. In my previous position, safety was part of Operations which included production and warehouse with no connection to HR.
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You need a medical case manager to review and monitor the treatment plan and the injured worker. A medical case manager speaks the same language as the doctor and can tell the doctor what the injured worker is [u]really[/u] doing to improve or imped…
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These formulas are from a safety "old timer." Incident rate (total # recordable accidents x 200,000 ÷ total hours worked) Frequency rate (total lost workday [u]cases[/u] x 200,000 ÷ total hours worked) Severity rate (total lost work [u]days[/u] …
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If you are questioning work comp insurance carriers, most have "reserves" that are held for a certain period of time for future medical expenses. Now, this may be unique to my state, so I would advise checking your state w/c laws. Ask your current …
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His attorney wants you to make this a test case for time or need to respond to FMLA medical certification. I agree with James, get an attorney's opinion of your next move or ask your w/c carrier for assistance. 84 days is way beyond the 15 days the…
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What does your state's W/C say? Do you have W/C insurance? Will the insurance pay? Why would the company want to cause this employee further harm by withholding pay? I agree with the supervisor, this employee was performing work for the company whe…
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If you have a sick policy, you can deduct from it. If the employee is eligible for FML, definitely deduct time for FML intermittent leave. Be sure to notify the employee you have granted intermittent leave and are deducting time from the 12-week ba…
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When you start the quote process they will ask for salary information and job positions. The job positions will become a NCCI code (National Council on Compensation Insurance); each NCCI code will have a "rate" associated with it. Salary $'s for eac…
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Margaret slam dunked this one.... do all the things she suggested. Your W/C carrier should be able to help you with attaining maximum medical recovery, negotiating a settlement, and conducting a W/C fraud investigation if it's appropriate. Also, a …
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OSHA is still very focused on ergonomics and you have an ergonomic situation that should be addressed through your employer's W/C carrier. Your doctor has prescribed appropriate remedies with therapy and job analysis by a ergonomic specialist. Carpa…
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When you finally make contact with your w/c carrier, they will ..without a doubt... contact the current employer for carrier information. The two insurances will figure it out, along with the doctor.
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My company is young (14 years old in Sept). When I came on board 6 years ago, we were self-insured and OSHA 200's were incomplete, injury reports were non-existent, and medical information was in the accounts payable files!! It took awhile, but I …
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Been there -- didn't know whether to laugh or cry --- did both. Then I asked questions. I started with our WC insurance broker, he helped me to understand how our rates were calculated, some of it you can address some of it you can't. He also put…
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You need to make a good faith effort to locate this employee -- and document all of your efforts. The medical provider will keep the WC case open for a short period of time, then close it due to lack of response. Your WC carrier will follow suit, …
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Yes, the injured person is eligible for WC benefits provided the injury is work related. Termination doesn't change the status of WC benefits. Texas Workers' Compensation Commission has a good website at "txcc.state.tx.us"
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Was he on FMLA while he was off work? FMLA says that you return the employee to his former job if he can do the essential functions of that job -- he can't, so your off that hook. Work comp will assign him an impairment rating and pay him x$'s based…
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Yes, you are right. I failed to note the dates in 2001.
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Unless the doctor's report specified that the days away from work are due to the shoulder, record the lost days for the knee injury. It's the last reason he received medical care. If you find out later that the shoulder was the cause of the lost d…
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I totally agree with marc; get the medical certification. Don't ever treat a pregnancy differently from any other serious health condition.