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Friday, March 12, 2010

Workman's Compensation and Karma

I had an employee who fell from a painters scaffold that was 2 feet off the ground while on the job back in the summer.  We called an ambulance, stayed by his side and accompanied him to the emergency room.  He injured his back.  During the emergency room interview I learned he had previously had back surgery. I asked that a drug test be given, which came back positive, but since they had already administered pain medication, it couldn't be counted. 

The first doctors release him to come back to work in two days.  Not wanting any problems, I tell him take the rest of the week off with pay, rest up come back Monday.  Monday arrives he comes to work but now his hand is swelling and he needs to leave.  I send him back to the doctor.  Now the pain is in his back again.  This doctor releases him to come back to work in 2 weeks.  This has gone on for months, each time the doctor releases him for duty he gets an extension.  One of the doctor's notes said pain from degenerative disk disease.  He is in a recliner, can't stand, can't sit and in unbearable pain.

This week he is so busted.  He was seen unloading scrap metal and moving around quite well by another employee.  I even got pictures.  Thank you BlackBerry Bold 9700 Phone (AT&T) for your built in camera, and the ability to email them.  He has done wonders for my workman's compensation insurance rates.  My rating has gone up and I have lost my discount.  I sincerely hope my insurance company takes this serious and does something about the fraud being committed.

1 comment:

  1. I worked as a project manager on a job where a young man had stepped into a truck rut (from excessive rain) that was about six inches deep and came in the next day to file a report. He had no good reason why he did not report the incident to his supervisor and did not seem to be having extreme pain. He said he wanted to have his leg looked at so he was directed to a industrial medical clinic.

    Shortly after he left, a co-worker of his came in an told me that he was bragging about a bullet still lodged in the same leg he had from his gang-banging days in Los Angeles and the multiple surgeries he had because of past injuries.

    Our work comp factor was 74 prior to the incident. The CA work comp board set aside $25k and our rate jumped to 104 for the single incidence.

    When I went to the hearing I was unprepared for what would happen. The judge approved a settlement stating there was no proof regarding his previous activities or surgeries, and there was no proof that the site was not how he described it versus our description (he was now saying it was a trench) so we had no ability to confront the individual regarding the incidence prior to the judge deciding what would be done.

    This is a warning. Keep a camera on site at all times and photograph all incidences regardless how small they may seem. In court a picture is worth everything.

    Even this may not prevent you from being taken from a fradulent individual.

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