Worker's comp non-compliance
Jocelyn
28 Posts
Can we terminate an employee who has been given every opportunity to seek medical treatment and return to work in a light-duty capacity, but refuses? Worker's comp has denied her benefits except medical. In the beginning she had a doctor that would send us notes that she didn't want to work and therefore he wouldn't sign a release to work. As the situation progressed, she was assigned to a specialist. She didn't show up for 3 scheduled appointments (headache, car problems, no reason). The busy doctor, not happy with the last minute cancellations, instructed her to call a day or two prior to her next appointment so they could give her prep instructions. This would indicate her intent to show up for the appointment. She didn't call. She has not met any of the worker's comp requirement deadlines, missed her opportunities to dispute their withdrawal of benefits, etc. It will be 7 months since we've had a doctor's note indicating whether or not she may return to work and in what capacity. Can I request a doctor's note from the employee giving us an update of her status, as we do with FMLA (which she exhausted)? If she can't return to work, can we call this "voluntary quitting"? If we don't hear from her, can we call it "insubordination", or "voluntary quitting"? The worker's comp people tell us they don't want to be involved with any of this. Some advice. I walk at noon daily and frequently see her driving around town, have seen her lifting one end of couch while moving (didn't have a camera with me), chatting on a pay phone for more than 45 minutes (these are all coincidental sightings - I don't have time to spy on her) and yet she can't read the newspaper to our residents for 1-2 hours a day. She's been off work for 1 year.
Comments