Reply
Honored Contributor
Posts: 13,954
Registered: ‎03-10-2010

Another Co-worker problem...

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.

Honored Contributor
Posts: 21,038
Registered: ‎10-04-2010

Re: Another Co-worker problem...

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.

Respected Contributor
Posts: 4,520
Registered: ‎03-04-2012

Re: Another Co-worker problem...

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. 

Honored Contributor
Posts: 17,892
Registered: ‎07-03-2013

Re: Another Co-worker problem...

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.

Highlighted
Respected Contributor
Posts: 2,338
Registered: ‎06-20-2010

Re: Another Co-worker problem...

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. 

Honored Contributor
Posts: 13,913
Registered: ‎03-10-2010

Re: Another Co-worker problem...

[ Edited ]

 

@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)

hckynut(john)
Honored Contributor
Posts: 54,451
Registered: ‎03-29-2012

Re: Another Co-worker problem...

@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. 

Respected Contributor
Posts: 4,520
Registered: ‎03-04-2012

Re: Another Co-worker problem...

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.

Esteemed Contributor
Posts: 5,299
Registered: ‎09-18-2010

Re: Another Co-worker problem...

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.

 

Honored Contributor
Posts: 13,954
Registered: ‎03-10-2010

Re: Another Co-worker problem...

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.