Re: Another Co-worker problem...

CelticCrafter · ‎03-09-2010

@terrier3 wrote:
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.

I think by continuing the conversation and then telling the boss what was discussed opened up a whole can of worms.

Telling him you have a bad connection won't stop him calling. A better solution would be to tell him you can't discuss anything with him while he is out on disability.

missy1 · ‎03-10-2010

I am confused here. He came back to work (from his work injury/car acccident), and then he got hurt at his barn.(and is out again). Hurting his back on his barn is not workman comp, but a disability claim. Most people (I know) who get injured (at work) don't come back to their job, and settle out of court or in court.

Even if he says he doing these things (on the phone), there has to be proof that he is actually doing these activities. Maybe his Dr. allowed him to do so. I would not say anything.

@terrier3

missy1 · ‎03-10-2010

@qualitygal wrote:
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.

After re-reading the op first post, I am not so sure. People do cheat the system, but I am not sure her co-worker is. I am waiting for the Op to reply to my post.

terrier3 · ‎03-10-2010

@missy1 wrote:
I am confused here. He came back to work (from his work injury/car acccident), and then he got hurt at his barn.(and is out again). Hurting his back on his barn is not workman comp, but a disability claim. Most people (I know) who get injured (at work) don't come back to their job, and settle out of court or in court.

Even if he says he doing these things (on the phone), there has to be proof that he is actually doing these activities. Maybe his Dr. allowed him to do so. I would not say anything.

@terrier3

His first accident was a workman's comp case (about 2 years ago) - he was driving in his car as an outside salesperson and was hit by someone else. The lawsuit is still ongoing against the other driver. He is claiming permanent physical injuries and the case is going to trial.

He came back to work and then recently fell off a ladder on his property. No bones broken, but badly shaken up, black and blue and in pain (2 months ago). His doctor told him to stay at home, no driving more than 5 miles (to see the doctor) and no heavy work around his "farm" - he owns goats, sheep, chickens, etc.

When he had used up all his sick time, he had to go on disability. People at my company on disability get a payment based on last year's salary (100% commission). He cannot work at all during that time. Other workers (like me) have been assigned to handle his accounts and we get commission on sales during the months we handle his business.

He keeps on calling the office and it's tough to get him off the phone.

I guess our boss has been investigating for a while, because when he went by my desk and knew I was talking to the co-worker, he called me into his office and asked me what he said. So I told my boss - my loyalty is to the company and I'm not going to refuse to answer my boss's questions! We work in a bullpen and everybody can basically hear everyone's conversations.

Then TWO of us had to go into the GM's office and repeat the same thing.

The worker told me that his doctor wants him to come back every 3 weeks for further evaluation (and to get another letter to continue the disability payments from our company).

fortune · ‎03-14-2010

@terrier3 wrote:
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.

@terrier3

I'm glad you did the right thing!!! A coworker of mine was on "disability" but I found out that she was going to football games and visiting her beach house regularly. We in the office had split up her work so she could continue to keep her job. I should have gone to the personnel department and reported it. She took advantage of all of us and she should have been fired.

missy1 · ‎03-10-2010

@fortune wrote:
@terrier3 wrote:
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.
@terrier3
I'm glad you did the right thing!!! A coworker of mine was on "disability" but I found out that she was going to football games and visiting her beach house regularly. We in the office had split up her work so she could continue to keep her job. I should have gone to the personnel department and reported it. She took advantage of all of us and she should have been fired.

Disability does not mean you can't leave your house. It depends what the injury is. The Dr. will tell you what is allowed and what isn't.

AuntG · ‎03-09-2010

Slightly different scenario, but we have someone who abuses the FMLA program (off with a sick family member), but our company doesn't want to ask too many questions. The girls that cover for her while she is off (and posting about her fun times) are not happy.

missy1 · ‎03-10-2010

@terrier3 wrote:
@missy1 wrote:
I am confused here. He came back to work (from his work injury/car acccident), and then he got hurt at his barn.(and is out again). Hurting his back on his barn is not workman comp, but a disability claim. Most people (I know) who get injured (at work) don't come back to their job, and settle out of court or in court.

Even if he says he doing these things (on the phone), there has to be proof that he is actually doing these activities. Maybe his Dr. allowed him to do so. I would not say anything.

@terrier3
His first accident was a workman's comp case (about 2 years ago) - he was driving in his car as an outside salesperson and was hit by someone else. The lawsuit is still ongoing against the other driver. He is claiming permanent physical injuries and the case is going to trial.
He came back to work and then recently fell off a ladder on his property. No bones broken, but badly shaken up, black and blue and in pain (2 months ago). His doctor told him to stay at home, no driving more than 5 miles (to see the doctor) and no heavy work around his "farm" - he owns goats, sheep, chickens, etc.
When he had used up all his sick time, he had to go on disability. People at my company on disability get a payment based on last year's salary (100% commission). He cannot work at all during that time. Other workers (like me) have been assigned to handle his accounts and we get commission on sales during the months we handle his business.
He keeps on calling the office and it's tough to get him off the phone.
I guess our boss has been investigating for a while, because when he went by my desk and knew I was talking to the co-worker, he called me into his office and asked me what he said. So I told my boss - my loyalty is to the company and I'm not going to refuse to answer my boss's questions! We work in a bullpen and everybody can basically hear everyone's conversations.
Then TWO of us had to go into the GM's office and repeat the same thing.
The worker told me that his doctor wants him to come back every 3 weeks for further evaluation (and to get another letter to continue the disability payments from our company).

I am surprised your company allowed him to come back to work. He is not suing the comapny, but the car insurance company/driver which is probably why he is still there. Most people (I know) who have lawsuits don't come back.

I understand you have to save your job. Many would also answer the boss's questions.

The problem I have is that he should not being seeing his clients on leave. (unless they are personal friends, and not talking about business related stuff)

missy1 · ‎03-10-2010

@AuntG wrote:
Slightly different scenario, but we have someone who abuses the FMLA program (off with a sick family member), but our company doesn't want to ask too many questions. The girls that cover for her while she is off (and posting about her fun times) are not happy.

I understand the frustrations when people are doing things while they are out on work leave. Post them on social media etc. Especially, those who get a check and are out (not working). People do need to get out, even though they are taking care of a sick family member. Or that person went with them. I wouldn't be posting my business on leave.
At my work you have to use all your sick time etc on FMLA leave, and the company does not pay your leave after that. Get 12 weeks.

hckynut · ‎03-10-2010

@AuntG wrote:
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.

@AuntG 😘

It's strange, I have had other people say that I "like to chat". Still trying to figure out why. =^..^=

hckynut(john)

hckynut(john)