1. We have an employee at my company in LA who is unwilling to comply with the course of treatment prescribed by the WC doctor. This course of treatment is surgery on a torn meniscus in the knee. Surgery almost certainly would remedy the problem. We cannot allow him to return to work due to the nature of not only the position he holds, but every other position for which he could be assigned in the facility (heavy industrial manufacturing). What would you say would be a reasonable amount of time to allow him to make a decision as to his outcome before we terminate him?
2. In previous HR positions, I have not dealt with WC. Our risk mgmt. team did that. How do FMLA and WC laws correlate? In other words, let's say that Jim works in our machine shop. Jim sustains work-related injuries. Do I then put him on FMLA leave (assume he meets requirements, and fills out paperwork)? If Jim is then unable to return to work after 12 weeks of FMLA, does WC in LA, or anywhere else for that matter, still require that I hold his job, and if so, for how long? Are there any requirements by WC laws for the company to pay his portion of insurances while he is out?

Thanks in advance.

Can Anyone Answer My Questions???

1. We have an employee at my company in LA who is unwilling to comply with the course of treatment prescribed by the WC doctor. This course of treatment is surgery on a torn meniscus in the knee. Surgery almost certainly would remedy the problem. We cannot allow him to return to work due to the nature of not only the position he holds, but every other position for which he could be assigned in the facility (heavy industrial manufacturing). What would you say would be a reasonable amount of time to allow him to make a decision as to his outcome before we terminate him?

You really need to be discussing this WC claim with your insurance carrier. At some point, they are certainly going to cut off TTD and perhaps other benefits because of the employee's refusal to follow the prescribed course of treatment. So you need to find out how they're handling this claim and what they propose to do about the medical and lost time end. You cannot rely on your WC carrier for legal advice about what the employer may and may not do at the employer's end however. An employer is directly exposed under some sections of WC statutes for wrongful termination. I urge you to contact a WC attorney and get some expert advice here. Yes, I'm sure you can terminate this employee at some point - the question is, what is the appropriate and legal point at which to do that. $300 spent now on an expert opinion could save you thousands down the road.

2. In previous HR positions, I have not dealt with WC. Our risk mgmt. team did that. How do FMLA and WC laws correlate? In other words, let's say that Jim works in our machine shop. Jim sustains work-related injuries. Do I then put him on FMLA leave (assume he meets requirements, and fills out paperwork)? If Jim is then unable to return to work after 12 weeks of FMLA, does WC in LA, or anywhere else for that matter, still require that I hold his job, and if so, for how long? Are there any requirements by WC laws for the company to pay his portion of insurances while he is out?

You certainly may assign any leave time due to a "serious medical condition" as defined in the FMLA to an employee's FMLA entitlement, including lost time due to an occupational illness/injury. However...just because the FMLA says that you can terminate an employee if he or she is unable to return to work within 12 weeks does not mean that you may do the same under your State's WC statutes. Your State's WC reg's may make it strongly advisable to keep the employee on leave status until his WC claim is resolved - which may take much much longer than 12 weeks - even if you fill the employee's position once his 12 weeks of FMLA is exhausted.

These are complex WC issues and you really would be very well advised to run these questions past a qualified WC attorney or consultant (and get yourself to a thorough WC seminar as soon as possible.)

I can tell you for sure that you are not required to pay the employee's share of his/her insurance premiums when the employee is on WC leave. If you reqeuire other employees on leave to continue to pay their share, you may do so with WC leave situations.