Workers Comp Denial

hrtcfv

A coworker has several health issues she is dealing with, she is on approved FMLA, in addition to this she filed for W/C for carpal tunnel problems. Because her health issues are directly related to this type of pain her claim was denied. She has informed us that she has received treatment for the pain and has been referred to a specialist. We have made the necessary changes to her work station to accomodate her, we supply wrist supports, encourage her to stand, stretch, take breaks - whatever will help. How do I respond to her latest message about the constant pain that shows that we are concerned but protect my organization at the same time?

Don D

Sounds like you've bent over backwards to accomodate her. Aside from what you've already done, you might consider that you can require that she have a complete functional capacities appraisal (preferrably by a physical therapy clinic that has your job specs and requirements) to determine whether she can perform the task you have her on with accommodations you've got in place. This would have to be at the employer's expense and you have a right to require it, especially since she's moaning and groaning with regularity.

Theresa Gegen TX

I think all you would have to do is to let the employee know that you are open to listen to any suggestions she might have about accomodations. If she has none, the pain may just be something she has to live with.

Good Luck!