Employee Out On WC & Won't Call Us Back Or Respond To Emails - California California

[NGV]

We have an employee on a WC Claim since early August. Her doctor has said she can work but with restrictions. We offered her modifed work and she won't return our phone calls or respond to our emails. What are my options are this point? She will talk to WC Claims Adjustor but not us. WC Adjustor asked why she is refusing modified work. Answer was I haven't refused it I just haven't call them back. Any advice is much appreciated.

[DAW]

NOT my area of expertise, but there is some advantage to sending a certified letter prior to termination, telling the employee to contact you NOW. Past that, make sure that the WC provider knows what you are intending to them. Any time you run a WC related termination you want YOUR agent (the WC provider) to have a chance to tell you that you are walking off the cliff while there is still time to avoid the action. You never want to surprise the WC carrier with a termination related to WC.

[Morgana]

Your WC carrier probably has an attorney they deal with. You can't let the employee " not return" your calls indefinitely. WC ought to be trying to end TTD if she refuses modified work. Give a date to return or WC can end benefits.

[CAIW]

WC Adjustor asked why she is refusing modified work. Answer was I haven't refused it I just haven't call them back. Any advice is much appreciated.

1) Notify the CA of your intention to provide the light duty job, along with the job description. That needs to go to PTP to ensure the job you are offering meets those temp restrictions.

2) Once the CA/PTP are in agreement on the job you are offering...you can then send the cert/reg letter notifying the EE when/where/time etc to report for duty.
If s/he is a no show, you'd have every right to terminate on that basis.

3) The TTD would terminate on the date the PTP declared the IW could return to work, with or without restrictions. Only if there is continued wage loss would TPD/Temp Partial Disability be due.

IF there is an overpayment of TTD, the carrier will take a credit against future benefits.
Always contact your CA and/or their atty before taking any steps with an IW....This IW may have an applicant atty who has said not to contact you the ER.
Failure by the IW to cooperate however can be cause to terminate ALL benefits.