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Worker's Comp- return to work
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Worker's Comp- return to work
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
A client of our company had an employee out on worker's comp. The employee was seeing a physician that was assigned by the employer/employer's worker's comp policy. The employee just presented the cli
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Forums » Topic Forums » Legal Forum » Worker's Comp- return to work
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Worker's Comp- return to work
posted at 4/6/2011 3:13 PM EDT
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Posts: 12
First: 3/18/2011 Last: 8/17/2011 |
A client of our company had an employee out on worker's comp. The employee was seeing a physician that was assigned by the employer/employer's worker's comp policy. The employee just presented the client with a clearance to return to work from a different doctor. There was never a request from the employee to see a different doctor. Can the client require that the employee obtain a note from the worker's comp doctor? |
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Worker's Comp- return to work
posted at 4/7/2011 6:53 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
It's going to depend on specific state WC laws. What state are you in? My best advice is to call the case worker at your WC carrier and ask. Or call the state WC department. Was this doctor given a copy of the job description that states the physical requirements? Are you disagreeing with the return to work notice? Some states, like Texas, offer a HMO version of WC so the employee MUST go to an "in network" doctor to be covered. But that is only if the employer chooses it. And usually if there is a disagreement, each side has the right to a second opinion. Which it sounds like what the employee did was to exercise that right. That means that usually the employer would have the right to a 3rd opinion.....but most of the time the employer and employee must agree on who to get the 3rd from. |
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Worker's Comp- return to work
posted at 4/7/2011 8:45 AM EDT
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Posts: 12
First: 3/18/2011 Last: 8/17/2011 |
We are in California.
I work at a business management firm and do provide advice to account managers regarding issues with their clients' employees from time-to-time. I don't always know the whole story and as a result, can only provide my opinion based on what I know. |
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Worker's Comp- return to work
posted at 4/7/2011 10:17 AM EDT
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Posts: 45
First: 1/13/2011 Last: 4/14/2011 |
If you are being asked to give advice with this small amount of information then the advice I would recommend you give is that you can't. Not being privy to all of the necessary facts upon which to give advice on and then giving that advice on limited facts, could prove damaging to you and your employer.
Just my $0.02. |
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Worker's Comp- return to work
posted at 4/8/2011 7:12 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agree with HRPro...does your firm have anyone who specializes in employee/HR issues? If not, I would NOT suggest giving advice, especially in CA. HR/Payroll laws there are the hardest in the country to deal with.....And truly needs someone who is very well versed in just that aspect of Business Management. It's not a DIY project! |
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