Worker's comp non-compliance

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

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  • Sounds to me like you have more than adequately documented the situation and history. Short of talking with your employment attorney, I would certainly send her a certified letter advising her of her obligations to engage you in a conversation if she has any desire to return to work, and tell her if you do not hear from her within 4 days of the mailing date, her employment is terminated. If she does call you, I would tell her that in order to consider her for employment retention, she is obligated to produce to you a medical doctor's certification within one week as to her fitness for duty. If she does not respond satisfactory I would terminate her employment and move on. I'll have to say, though, I do not know what your state's comp laws say in this regard.
  • Thanks. That sounds like a great suggestion.
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