Doubted WC with no FMLA

Leslie · April 2004

Have an employee who hurt his back lifting a chair. We put him to work in a light duty position where all he does is sit. After all kinds of rigamarole, doctor decides he now has a ruptured scrotum (OUCH!) that he's attributing to the same injury - so no more work at all.

We've doubted the validity of the claim, and want to limit our liability to the back strain only. They employee has only been here seven months, so doesn't qualify for FMLA which is the only leave we have available. Do I have to wait until WC responds to term? What kind of treacherous waters am I treading with a term?

Don D · April 2004

I've been guilty of rigamarole many times during my life, but, I've had a scrotum for all of my years and have never heard of one rupturing from picking up a chair. Dangling participles do not explode. Get a second opinion.

Mentel · April 2004

Wow Don! That is way more than I wanted to know.

Leslie · April 2004

We are going to send him for a second opinion, but we're waiting until our WC carrier renders their opinion. In the mean time, I want to term because he can't work and he has no qualified leave - I administer the leaves. The senior HR specialist who deals with the WC thinks we should give him to the end of the month. To term or not to term is the quandry.

Whatever · April 2004

What is your company policy when an employee is out on WC? If you terminate, what happens if the wc carrier says he is entitled the benefit? I would contact the wc carrier and find out when a decision can be expected. If it not rather quickly, I would start "applying pressure" so the insurance company speeds on the process. Obviously, I would terminate at this time but would give it another week or two.

lnelson · April 2004

I would hold off on terming the ee.

A while back my husband had a twisted scrotum and the treating doctor said that it was due to lifting albeit he weight lifts on a daily basis but it can happen at any time. Once twisted if not manually or surgically untwisted it can rupture. So the lifting of the chair could have caused the initial problem especially if he was in alot of pain. My husband surely was. x:'(

This may be tooooo much info but just stating it is possible and if you term and find out it is W/C it could be worse for you. So get second opinion and then proceed with those findings.

Snotty Girdlefanny x:D

Don D · April 2004

I have questions, but have decided to table them.

SusanW · April 2004

Sure you don't want to chair them?

Leslie · April 2004

Update: We're giving him to the end of the month. It appears WC has accepted the claim, but we're not sure. Now he's applied for UI when he's still an employee. It's getting curiouser and curiouser.

Doubted WC with no FMLA

Comments