I will have to check our manual but I’ll bet it does not have that.  Clever, we 
will add it.  

From: Mark Radabaugh 
Sent: Friday, April 17, 2020 5:51 PM
To: AnimalFarm Microwave Users Group 
Subject: Re: [AFMUG] OT Workers Comp problem

Do you have a signed employee manual that says ’no call, no show for 3 days 
constitutes a voluntary resignation’?   You might get away with claiming he 
quit. 

We also added a rule saying injured workers must follow the doctors 
recommendations for physical therapy, if you don’t we get to fire you for 
cause.   This was after a guy hurt himself and then decided he wasn’t going to 
do physical therapy because ‘it hurt’.   No shit Sherlock.  We couldn’t get him 
released for work since he wouldn’t do the physical therapy and we couldn’t 
fire him because that would be retaliation.   Our workers comp lawyer was of 
the opinion we could fire him for not doing physical therapy when we had 
notified him it was a condition of employment when we hired him.

Since we didn’t have any of those things in place the first time this happened 
we ended up stuck paying him until he finally got around to coming back to work 
with a full release.  We didn’t want to risk firing him at that point, so we 
laid him off instead.   Translated as we are never ever calling you back from 
layoff, go collect unemployment.

The company pays for short and long term disability insurance for the 
employees.  For me it’s worth it to be able to be able to move these guys off 
the payroll and onto short/long term disability if they are injured and can’t 
get back to work.  It avoids the workers comp hit since technically we are 
still paying them.

Mark


  On Apr 17, 2020, at 6:26 PM, [email protected] wrote:

  One of my guys decided to put his fingers between a trailer lunette ring and 
a pintle hitch.  Crushed two of them pretty bad.  Lost some skin.  Had to have 
some parts re attached etc.

  That was two weeks ago.  He has been no call no show ever since.  Does not 
return calls from the workers comp person.  He told his supervisor the the 
doctor said he cannot work.  I called the doctors' office.  They said no using 
that hand until it is better and no driving when taking the opioids....

  I have a company van that drives around town picking up these guys and 
hauling them to the shop each morning.  So he does not have to drive...

  WC said do not fire him until he comes back to work.  He is malingering.  He 
is milking it.  
  Not sure what I can or should do.  We did do a write up and his supervisor 
said he needs to sign it.  Not sure if he saw it or not...
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