Another Co-worker problem... - Page 5

Bri36 · ‎02-20-2017

Why would you waste an hour on the phone with him? Now you have to testify?

Don't believe it...

terrier3 · ‎03-10-2010

@Just Bling wrote:
She sat on the phone for an hour and annoyed her boss. Wastiing the Company's time, it wasn't business and the boss notices this and calls her in his office.

I don't believe the he said, she said has any bearing on the case. The man's lawyer could say she misunderstood, she said those things because she has an axe to grind or any other various issues. I'm sure the insurance company will hire an investigator with all these allegations.

My boss wasn't "annoyed". Quite the opposite. I wasn't talking to him to socialize - and HE called ME re: his accounts that I am covering. I told him he wasn't supposed to be working - but he wouldn't shut up...I thought it would have been rude to hang up on him - although my boss told me to do that in the future.

Two other employees had already repeated the same stories he told us (re: working out, driving, seeing clients and doing farm work) to our managers.It appears that the managers were on the look out re: this guy's disability claim.

The general manager told us that the company was taking the co-worker's actions "very seriously" and we would soon be contacted by an insurance investigator.

missy1 · ‎03-10-2010

@terrier3 wrote:
@missy1 wrote:
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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)

I was surprised that someone who is suing from an auto accident came back to work too!
He said that he is suing because he can't do farmwork anymore and his quality of life is diminished, although he is well enough to come back to his sales job.

Falling off a ladder at his barn (while doing farm work) must have poked a BIG hole in that first lawsuit!!!

I also see this being a problem.

Snowpuppy · ‎03-09-2010

It's hearsay. Which will not be permitted in a hearing.

His lawyer will object. No one has first hand knowledge. No one actually saw him do a thing.

terrier3 · ‎03-10-2010

@Snowpuppy wrote:
It's hearsay. Which will not be permitted in a hearing.

His lawyer will object. No one has first hand knowledge. No one actually saw him do a thing.

I don't think they would ask us to testify in court...but they can check out the records at the fitness center - you have to check in electronically every time you go, his FB page pictures and posts, meetings and calls with clients, his comings and goings, driving himself.

How else do you think that people abusing disability get caught?

Re: his ongoing lawsuit from his car accident - he was suing the driver for extra money based on his inability to do chores on his farm - his quality of life was diminished.

When he fell off a ladder at his barn, feeding his goats - that was an event that may well have ended his first lawsuit. He was claiming that he couldn't do chores, and then was injured a second time while DOING chores!

Now he says that his doctors don't know if his current injury is new (disability) or re-aggravated old injury (from car accident, which was a workman's comp case).

TaylorBrown · ‎02-19-2014

I do not see where you did anything wrong. However had it been me on the phone with him,and he was asking about work, etc. I would have told him that I didn't think he was supposed to do that while out on disbability. If he continued to talk I would have told him that I wasn't going to talk business with him and wished him a nice day. I would NOT do as your boss said and say you have a bad connection when you did not. People are not dumb, they can see right through statements like that.

missy1 · ‎03-10-2010

@terrier3 wrote:
@Snowpuppy wrote:
It's hearsay. Which will not be permitted in a hearing.

His lawyer will object. No one has first hand knowledge. No one actually saw him do a thing.

I don't think they would ask us to testify in court...but they can check out the records at the fitness center - you have to check in electronically every time you go, his FB page pictures and posts, meetings and calls with clients, his comings and goings, driving himself.

How else do you think that people abusing disability get caught?

Re: his ongoing lawsuit from his car accident - he was suing the driver for extra money based on his inability to do chores on his farm - his quality of life was diminished.
When he fell off a ladder at his barn, feeding his goats - that was an event that may well have ended his first lawsuit. He was claiming that he couldn't do chores, and then was injured a second time while DOING chores!

Now he says that his doctors don't know if his current injury is new (disability) or re-aggravated old injury (from car accident, which was a workman's comp case).

Did he actually tell the Dr. he fell off his barn doing chores? He could be telling you this/others, but not the Dr. Everything will just be hearsay. Maybe he told them he just fell. Why would he jeopardize his first case?

terrier3 · ‎03-10-2010

@missy1 wrote:

Did he actually tell the Dr. he fell off his barn doing chores? He could be telling you this/others, but not the Dr. Everything will just be hearsay. Maybe he told them he just fell. Why would he jeopardize his first case?

Yes, he told the doctor he fell off the ladder bringing down hay in the barn.

It was pretty obvious. His wife called for an ambulance and he went to the hospital for evaluation (no broken bones, nothing sprained, just black and blue and in pain).

He "slid" about 30 feet off the ladder as it fell...he had a BIG fall!

NYC Susan · ‎03-13-2010

@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.

Being on Disabiity doesn't mean you can't go to a football game or visit a beach house. It means you can't work in your regular occupation.

People on Disability are not required to sit at home and do nothing.

Goodie2shoes · ‎04-30-2012

I am a retired work comp nurse, worked 16 years for an insurance company. Your co-worker just may have ruined his work comp claim. I would think your employer will notify the insurance company and the adjuster on the file will investigate the new information, he may also be sent for a detailed exam which they can do legally. You didn't do anything wrong. Spinning does not appear to be a proper activity for a back injury. How is he collecting disability pay for a injury at his own home 2 months ago ? Has he been collecting disability pay for the injury 2 years ago ? working shorter hours due to both injuries and getting paid ? I'd be curious to know the outcome