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Strange doctor note California

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  • #16
    Originally posted by Beth3 View Post
    P.S. I used to be head of HR for a manufacturing company that made motors. This reminds me of the occasional employee who would come in with a doctor's note stating he or she could not work with or around metal, as it caused an allergic reaction. There was NO JOB in the factory anywhere that didn't involve being near or around metals - heck, even a lot of "office jobs" involved that. The employees in question had to decide whether to go find a job in some other industry. There was nothing we could do to accommodate them.
    Looking around just my office, I don't think I could work here if I was allergic to metal. Heck, I guess my butt would break out in a rash since the chair's mostly metal with some cheesy cushioning... some people just don't like the fact that we have to work to pay the bills and to eat the food. Let alone being grateful that we CAN work and pay the bills.

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    • #17
      Originally posted by electricca View Post
      This has now become a worker's comp issue. The doctor's office actually called me back! And gave me information!!! The EE had gone in and told the doctor that he feels everything he is experiencing is because of the work conditions. That's why the doctor's note was so vague. He did order the EE to get an X-Ray. Luckily the medical group the EE went to is one of the preferred providers for our Work Comp. So after we spoke with the EE, it was clear that we had to get this issue out of our hands through the proper channels.

      But I don't think he will get more than just some treatment because his reasons for the pain are shifty and he keeps changing the stories. In one minute it's because of the return air from the hood (yeah it's cold when it's cold outside but weather is getting warmer again towards the mid 70s), and the draft created by it, the next minute he's too hot because the stoves and double broiler, and then he's again too cold when he has to go into the walk-in. We did explain to him that he is more than welcome to dress appropriately for the work conditions. I.E. Wear heavier socks if your feet tend to be cold. Wear a neck warmer (a lot of chefs and cooks do) to keep your neck warm. Etc. Etc. This is the second time he's tried this. He's worked here for over 10 years, and was the first employee of the owner, so there's a lot of loyalty back and forth, but now even the owner has seen the light.

      This EE's tenure will come to an end after the busy season is over. Until then, we need him, and need to ensure he feels like we're taking him seriously. Which we are.
      It sounds like depression. He needs a vacation somewhere it is cold, and miserable. When he gets back he will be ready to get back to work in sunny CA! Perhaps there is something in his personal life he is not telling you about? It sounds like it is a relationship beyond just employee~boss, Closer to working family. That makes a difference.

      Perhaps the boss can take him out and have a beer with him. Let him know he is still "loved" and find out why he is feeling bad.

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      • #18
        Nah, he's already gotten all the pampering and more than one person deserves. Believe me! That's why the owner is now over it as well. The EE really does not appreciate how good he has it. There is lots to his story but I won't be able to elaborate. Let's just say that if I was him, I'd skip to work every morning after kissing the ground and saying thanks to whatever good luck or karma got me in where I'm at. Seriously. It's that good. He's just one of the kind of people that sees the negative in everything. Everything. You could give him a million dollars in cash and tell him doesn't owe any taxes on it, and he would still find a reason to complain about it.

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        • #19
          Give him a week in Washington DC.

          You both could use the time!

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          • #20
            Originally posted by electricca View Post
            Nah, he's already gotten all the pampering and more than one person deserves. Believe me! That's why the owner is now over it as well. The EE really does not appreciate how good he has it. There is lots to his story but I won't be able to elaborate. Let's just say that if I was him, I'd skip to work every morning after kissing the ground and saying thanks to whatever good luck or karma got me in where I'm at. Seriously. It's that good. He's just one of the kind of people that sees the negative in everything. Everything. You could give him a million dollars in cash and tell him doesn't owe any taxes on it, and he would still find a reason to complain about it.
            I trust you've turned this over to your WC carrier and they're thoroughly investigating.

            He'll only appreciate how good he had it after he's gone. Be prepared for him to come knocking on your door sometime after that happens. I trust your/the owner's reply will be "Thanks, but no thanks."

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            • #21
              His neck would get cold... But he will have a rude awakening to the real world once this one ends.

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              • #22
                Originally posted by Beth3 View Post
                I trust you've turned this over to your WC carrier and they're thoroughly investigating.
                Yes, and they are very very good.

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                • #23
                  In Calif, and I would have to imagine this to be the case in most/all states, the employER take the employEE ''as is'' when hired.

                  As such, any pre exsisting condition that is aggreviated due to the job duties, and meets the AOE/COE is fully compensable.

                  If there is wage loss...TTD would be due... medical treatment is not generally subject to apportionment, however there are cases where the previous ER is joined in the claim. That is between the IC's though.

                  Once the EE files the First Report of Injury, the ER is required, by law, to file the claim with their carrier. The IC has 90 days to investigate the claim, and accpet/deny, and/or send the EE, now IW/injured worker, a NOPE letter...Notice Of Potential Eligibility for benefits under the ER's plan for industrial injury.

                  There are lots of specifics here, whether you agree/disagree with the IW's position, or appreciation of his job... it is your responsibility to file the claim, and then see that your business needs are met. If that means replacing the IW while on a comp leave, that is certainly within your rights. info for Employers' is here http://www.dir.ca.gov/dwc/employer.htm

                  If there is eligiblity for FMLA leave... you should make that determination now, and notify the IW of your intent to run the WC leave (if any) and FMLA concurrently. The FMLA would run from the date of notice, and can't be back dated, that's why it would be important to check into this now. Info on ER actions re ADA/FMLA/WC overlap issues here http://www.ppspublishers.com/articles/fmla.htm

                  You could give him a million dollars in cash and tell him doesn't owe any taxes on it, and he would still find a reason to complain about it
                  There are those people who ***** when hung with a new rope...

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                  • #24
                    Originally posted by cbg View Post
                    First sign of spring in our house is when the equipment truck leaves Fenway Park for Ft. Myers.
                    I hear you. The Cardinal pitchers will be leaving for spring training shortly.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                    • #25
                      Thank you everyone for your responses.

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                      • #26
                        For my knowledge and for the OP...wouldn't this fall under a BFOQ?

                        I worked in a upholstery supply house where the owner hired a man who was color blind...that was fun training him

                        Ultimately he was dismissed from the job as it was a BFOQ that you had to be able to determine colors one from the other.

                        Thoughts?
                        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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                        • #27
                          I would tend to agree, but given the overall circumstances it would probably benefit the poster here to walk down all possible avenues of protection, just to cover the bases.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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