case closed??

T · March 2004

I have an ee who has been on wc for almost 1 year. While on wc we hired a pi to investigate, unfortunately, we did not aquire the information we needed to stop benefits. I just received a call from my insurance carrier stating that they are closing the case. EE was at maximum medical impairment with an impairment rating of "0". The ee and his doctor fought this rating but to no avail. My question is, now that his case is closed, but his doctor will not release him, what do I do with him?

Thanks.
-T

Don D · March 2004

Unless you have a written policy, union contract or state law to the contrary, terminate him. There is no federal law that would address it.

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

T · March 2004

That's the answer I was hoping for and since your personal opinion is also mine, I find no reason to report you to the prinicpal!

Thanks.
-T

Safety Witch · March 2004

I agree with Don. If his doctor won't release him, it sounds like he cannot perform the essential functions of the job, therefore you don't need to bring him back. I am not even considering ADA, since he is not disabled. Once he figures out he has no income, he may try to get his job back.

I've worked with several w/c cases where the employee got their doctor to write them off work, not realizing they were backing themselves into a corner. It's amazing how quickly they "recover" once they realize the consequences.

If you decide to bring him back, watch out for another work-related injury, or an aggravation of what set him off in the first place.

Good luck.

case closed??

Comments