Workers Comp Nightmare

5560905 · May 2005

I have a very difficult employee that I am dealing with on Worker's Comp. He strained his shoulder lifting on a truck liftgate that was broken. We did not contest the injury as his Supervisor was with him while he was working on the liftgate. We sent him to our occupational physician who placed him on pain meds and prescribed three sessions of physical therapy. He was released to light duty which we provided for him. He told his supervisor that he needed to leave mid-day on several occasions to go for physical therapy. However, he did not keep his appointments. At one point after missing two therapy sessions and a doctors appointment, he called off (Sunday) stating he had to go to the emergency room because he was in extreme pain. On the following day (Monday), he called his Supervisor and when she asked him questions (where he went, what they said, etc.) he got angry and said he quit. We didn't hear from him again until Thursday when he came to pick up his check. I spoke with him and urged him to come back to work and to bring me the papers from the ER so that the bills could be paid. He told me he went to one ER and his Supervisor that he went to another hospital ER. He still hasn't brought in the paperwork. Additionally, after he agreed to come back to work, he reported for his next scheduled shift, clocked in and then clocked out after 5 minutes stating he quit (again). He told me "he got a bad vibe - like they didn't want him there". No one was there except the truck driver who had every reason to want him back at work since he was putting in OT to cover his shifts. Again, I spoke with the employee, urged him to come back to work and to report to our Occupational Physician for treatment. He now is complaining of lumbar pain. I had our doctor do a full lumbar workup and he states there is no disc involvement and advises continuing the physical therapy - with light duty - which we are providing. The employee came back to work for four days and then called me on Friday stating he had a fight with his wife and was probably going to jail. We haven't heard from him since. I have made every effort to get this man back to work -have provided him medical attention and physical therapy - have offered to let him select another doctor (with approval from our WC carrier) and now he is missing in action. To top it all off, one of his co-workers reported to me that he has been telling them he has to have surgery (NOT TRUE) and another states they saw him playing basketball at a local playground. I informed my WC claims adjuster of these things and they are considering putting an investigator on him. He has missed two shifts now because of the supposed jail issue. What is my next move? Wait until he has No Call/No Showed for three shifts and then terminate or let him come back to work (if he shows up again).

lorrie · May 2005

Wow. I can't imagine why you would want him back. I would term as soon as the attendance policy allows it, and would look for a legitimate reason for that to be immediate. (Does leaving after 5 minutes on a shift count for something? In our attendance policy that would be an unexcused absence, regardless of the 5 minutes worked. I would also assign points for leaving work and missing therapy appointments.)

Then, I would quit messing with him. If you receive a work comp bill that you doubt, send it to your work comp company stating why you doubt the bill. Let them worry about getting info from him.

But, just in case, I would document whatever possible regarding his outside activities (basketball etc.) listing dates, times, locations, and witnesses names (and signatures, if possible.) Also, make sure all missed appointments are documented.

Don D · May 2005

If I count correctly, you talked this guy out of quitting twice and now he's apparently quit again. I would never have talked him out of quitting the first time. Reading your post, he is trouble waiting to happen. He's a bona fide nut case whom you don't need on the payroll. Let his points sink him and term as soon as you possibly can. Keep your notes and move on.

Balloonman1 · May 2005

Don't take this wrong, but what the heck were you thinking? If you have a problem employee quit, twice no less, do the happy dance and document everything. He was non-compliant witht the treatment plan, lied, and whenn you are in court in front of the WC judge when he is wanted money for not working you could say, "we had restricted duty for him, but he quit or he would still be getting paid." In many place this gets you off the hook. I am sorry but you really blew this one, it should be a lesson to others, accept resignations.......especially with difficult employees.
My $0.02 worth
The Balloonman

Workers Comp Nightmare

Comments