topic Re: Another Co-worker problem... in Wellness

Another Co-worker problem...

terrier3 — Sat, 01 Jul 2017 16:18:39 GMT

I have a co-worker who is 68 years old (outside sales).

He had a car accident a few years ago while on a sales call and messed up his back. He's been in a lawsuit for worker's comp...he recently had a court date.

About two months ago, he fell off his barn bringing hay down for his animals. He didn't break anything, but has been out on disability since then. I am doing his work (but since he is on disability pay, I also will get his commissions during the months that he is out.)

Yesterday morning he called in and had me on the phone for almost an hour. I kept on telling him that he was not supposed to be working or talking about work. During the call he mentioned that he is taking spinning classes, caring for his animals and driving to see clients (even though he's not supposed to drive more than 5 miles according to his doctor's note).

My boss asked me what he had to say for so long and I told him. He said in the future I should just tell him we "have a bad phone connection" and hang up on him - he LOVES to talk!

Later I was called in to the big boss's office, along with another rep also covering his work. He had shared the same stories about working out, etc. with both of us.

Now we will have to testify before a state disability official. Our boss said that spinning, driving, seeing clients and doing heavy farm work wasn't compatible with getting disability.

I feel badly about the whole situation...but I'll testify honestly (or course).

Did I do anything wrong? What are allowed activities for collecting disability? Does it differ according to job title? I feel badly about the whole situation.

Re: Another Co-worker problem...

qualitygal — Sat, 01 Jul 2017 16:24:42 GMT

I think you did right. He's trying to cheat the system, and others pay for that. I don't like it when people do that.

Re: Another Co-worker problem...

hoosieroriginal — Sat, 01 Jul 2017 16:27:55 GMT

Don't feel bad - there are a lot of people out there taking advantage of the system - sounds like he's one of them. I have a young man down the street on disability (bad back), yet I watched him lift very large pieces of wood cut from a tree removed down the street into his trunk. He's really stupid if he thinks he will get by with it. Trust me, there are people out there watching him. They don't get by with it as much as they used to.

Re: Another Co-worker problem...

GCR18 — Sat, 01 Jul 2017 16:29:26 GMT

I would not feel guilty. You did nothing wrong. At my company, the Dr has to complete some very detailed forms about limitations. I would think that's similar at other companies. If the Dr stated he is not able to do xyz, then the co-worker is probably in trouble. His disability may be canceled and he may be terminated. Again, you did nothing wrong. The company may have suspected something anyway.

Re: Another Co-worker problem...

IlliniGirl88 — Sat, 01 Jul 2017 16:31:12 GMT

Some companies hire detectives to follow/watch people on disabilities and then they get busted for cheating the system, which they should.

I think that if he's taking a spinning class, that would be easily tracked back to the gym.

Re: Another Co-worker problem...

hckynut — Sat, 01 Jul 2017 17:29:09 GMT

@terrier3

It's unfortunate that your co-worker got you into this situation. I have no idea why ones immediate boss would question any of my phone calls. I did have a few bosses that did ask and my reply was always the same: "personal business".

I don't know the incoming call policy is on your job, but my job suggested we get no personal calls, only for emergencies, which is a very vague term.

For me personally, I will not lie for anyone, regardless of the situation. I also think your co-worker is not being honest with his doctor(s) or his employer.

hckynut(john)

Re: Another Co-worker problem...

lolakimono — Sat, 01 Jul 2017 16:34:36 GMT

@terrier3

If his injury was caused by the hay, it wasn't work related.

It sounds like the disability he is collecting is from a private policy he paid into, like Aflac.

He may be exercising to get the blood flowing and promote healing- one never knows the extent of his injury I suppose.

Re: Another Co-worker problem...

hoosieroriginal — Sat, 01 Jul 2017 16:34:54 GMT

If your company called you in for a meeting - they are already suspicious - they probably have notified disability and they have an investigator watching and filming him already - he'll burn his own bridge - don't worry about it.

Re: Another Co-worker problem...

happycat — Sat, 01 Jul 2017 16:40:14 GMT

As far as what are allowed activities when collecting disability, I would think that it would depend on what one was collecting it for.... he was collecting it for a physical injury it sounds like. If he is able to take a spinning class and do heavy farm work, and getting disability, he is asking for trouble.

If he really has something seriously wrong with him, he better cut all this activity out, or he is liable to make it worse.

In any case, @terrier3, you have nothing to feel guilty about.

Re: Another Co-worker problem...

terrier3 — Sat, 01 Jul 2017 16:40:43 GMT

The disability is from our workplace.

The workman's comp case from earlier was also from work.

He doesn't have his own individual policy.

Re: Another Co-worker problem...

Peaches McPhee — Sat, 01 Jul 2017 16:50:01 GMT

You are doing the right thing in testifying honestly. But feel good about this: they are probablly already investigating him, and already know about his activities.

Re: Another Co-worker problem...

VaBelle35 — Sat, 01 Jul 2017 17:02:03 GMT

Worker's Compensation is insurance mandated by each state. Your company carries the insurance policy, but the insurance company determines eligibility and for how long.

You company has no say in whether someone collects WC or for how long.

Each State's Dept of Labor office has a WC fraud hotline where people can report individuals.

Short Term Disability is usually 1-3 months and Long Term Disability usually picks up where STD leaves off. Each company handles it differently. Some companies outsource STD and LTD to third party insurance companies/adminstrators. Some companies handle STD internally and LTD is outsourced.

Company disabillity is different than federal disability. The threahold for company disability is much much much lower.

Is this California? That's a whole other kettle o'fish.

Re: Another Co-worker problem...

terrier3 — Sat, 01 Jul 2017 18:50:57 GMT

@Peaches McPhee wrote:
You are doing the right thing in testifying honestly. But feel good about this: they are probablly already investigating him, and already know about his activities.

I think you're right!

My immediate supervisor said that he had heard from others that the guy was working out and still staying in touch with clients...which is forbidden at our company when you are getting disability pay.

At the end of the call he said that he hoped to work until next fall 2018, when he'll be 70 and he can get the max in SS payouts.

I felt badly because he kept talking about all the pain pills he's on and how after he comes home from the gym, he needs to take an oxycodone (I told him if he's in that much pain, he needs to stay home - his wife is a nurse!) I wondered if he was overmedicating.

After reading some replies here - I kind of think he might be planning on milking this disability until next fall!!!

Re: Another Co-worker problem...

Mistreatedbycs — Sat, 01 Jul 2017 17:41:29 GMT

This brings back memories getting involved with the drama in the office. The drama set off so many emotions, what did I do, who knows about it etc. My whole body was actually drained with all the he said, she said.

I'm sure someone will learn from this but when somebody on the outside is looking in, it's best to practice the SGT SCHULTZ, I know NOTHING.

The guy is going to be mad at you and although it was the right thing, avoidance would of been better and I think you realized that after the fact. Oh well, I just chalk them up to life's lessons.

I work for myself now and create my own drama now....lol

Re: Another Co-worker problem...

hckynut — Sat, 01 Jul 2017 17:52:10 GMT

@hoosieroriginal wrote:
Don't feel bad - there are a lot of people out there taking advantage of the system - sounds like he's one of them. I have a young man down the street on disability (bad back), yet I watched him lift very large pieces of wood cut from a tree removed down the street into his trunk. He's really stupid if he thinks he will get by with it. Trust me, there are people out there watching him. They don't get by with it as much as they used to.

@hoosieroriginal

Many companies that foot the disability bills have a PI Firm, or other sources watch and record some of the activities of employees drawing a fairly long disability. My company, when it was Western Electric(pre- Judge Greene fatal decision for me any many of my co-worker s) used to send a visiting nurse, at random times, to some one disability.

When I wax off for my back surgery, I had to come into the medical office, once I was able to drive. This was every 2 weeks, even though my back surgeon had not cleared me for heavy lifting(my job required lifting 65-80lbs). My Surgeon told me to have their doctor call his office if they wanted details and his reason for his restrictions on weight lifted.

My job required not only lifting, but the worst part was you had to turn 90° around to place the reels of wire in a pallet, that on me was higher than my shoulders, and I was 5'8" tall. Holding heavy weight (with only 3 fingers on each hand) in front of you and the turning 90° puts a lot of strain on ones spine.

hckynut(john)

Re: Another Co-worker problem...

AuntG — Sat, 01 Jul 2017 17:57:06 GMT

Here's my answer, "you know John, he likes to chat". It's quite possible he will admit to feeding his animals and taking an exercise class. Those things, if doctor approved, may not disqualify his claims.

Re: Another Co-worker problem...

151949 — Sat, 01 Jul 2017 18:09:44 GMT

I think what you did is fine. It really galls me when people cheat the things that are in place to protect all of us from these tragedies. But , to be honest, I doubt you are that naive that you didn't know when you told on this guy what was going to happen.

Re: Another Co-worker problem...

SXMGirl — Sat, 01 Jul 2017 18:14:03 GMT

My suggestion is to not talk about his daily activities. I would be honest and tell him that you are uncomfortable knowing his business and that your employer is asking questions. You might even say that you are feeling that he is abusing the system. Of course, that depends on your relationship.

It is quite possible that his working out has been approved by his doctor(s), who generally prescribe pain meds. As someone who had a work-related tbi and received long-term disability, I only did doctor-approved activities at the Y. However, I did not take pain meds, which my doctor felt was a mistake. Your co-worker probably feels fairly good with the pain meds and that allows him to do more activities. When he gets home, that is when he needs the oxy. In my opinion, the more he moves, the faster he heals and that might be what his doctors say. You might also bring that up to your employer since your co-worker is the subject of discussion.

I don't like people abusing the system, but I also don't like people making assumptions without actual knowledge. If I were you, I would remove myself from the discusions on both ends.

Re: Another Co-worker problem...

maestra — Sat, 01 Jul 2017 18:40:18 GMT

@terrier3

If your coworker is claiming disability and spinning, driving, farm work, he isn't disabled. He is committing insurance fraud.

Just do what your conscience dictates, be as honest as you are here. You did nothing wrong.

Re: Another Co-worker problem...

SeaMaiden — Sat, 01 Jul 2017 19:51:12 GMT

@terrier3 You did not SEE anything. I would not say anything unless you SAW it with your own eyes . Hear say is not fact.

I would talk to him first if you are going to say anything at all against him..... tell him that what he said on the phone disturbed you. See what he says.

That at is my feeling on it. Personally I would say nothing about the phone calls.....and say you know nothing.