Tag: Workers Compensation

Managing an injured employee

by Al Vreeland Few things create more headaches in the HR suite than an employee who is injured on the job and then resists returning to work. HR’s headaches are usually centered at the intersection of state workers’ compensation laws, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA). A […]

Arbitrator upholds employer’s dismissal of grievor who exaggerated her medical symptoms

by Louise Béchamp Exaggerating one’s medical symptoms in order to avoid a return to work can be cause for dismissal. This is a lesson that a grievor learned the hard way following the finding of a Quebec arbitrator in Fédération des paramédics et des employées et employés des services préhospitaliers du Québec (FPESPQ) and Services […]

A scar is born

On The Tonight Show Starring Jimmy Fallon the other night, the host and Matthew McConaughey competed to see who could throw the most footballs at the other guy’s face. Not his physical face, of course, but glass plates printed with each guy’s face. Toward the end, McConaughey steps in front of Fallon as he is […]

Ontario releases new workers’ compensation policy to aid in claims involving pre-existing conditions

by Cathy Chandler Until recently, Ontario was the only jurisdiction in Canada without a specific policy dealing with the effect of pre-existing conditions on claims for workers’ compensation. That has now changed. On November 1, 2014, a new policy of the Ontario Workplace Safety and Insurance Board (WSIB), Pre-Existing Conditions, came into force. The goal […]

9 Things You MUST NOT Include in Your Documentation

Do not include the following in your documentation, says Wobst: Personal opinions. Rumors or speculation about the employee’s personal life. Theories about why the employee behaves a certain way. (Don’t practice psychiatry without a license.) For example, don’t call an employee “crazy.” Instead, document behaviors. Legal conclusions. (Don’t practice law without a license.) For example, […]

Tips for sorting out a few thorny employment discrimination questions

Employers face tough personnel decisions every day, and the threat of litigation makes the decision process even more problematic. Recently a group of attorneys tackled a couple of situations that present discrimination hazards–whether it’s too risky to reduce an older employee’s hours and whether it’s possible to lawfully check out an applicant’s workers’ compensation history.  […]

When Can a Workers’ Comp Claimant be Disciplined?

“You will find that pretty much every workers’ comp law in the country does have anti-retaliation provisions. And so, just the act of filing a workers’ comp claim gives somebody protected status that’s somewhat analogous to somebody filing a complaint with the Equal Employment Opportunity Commission or filing a complaint under one of the wage/hour […]

Facebook postings fair game for employers

By Frederic Parisien Can Canadian employers use information from their employees’ Facebook pages in managing the employment relationship? Not an age-old question, but one debated in recent years. In many provinces, the answer was “yes.” But in other provinces, such as Quebec, some commentators took a more cautious approach. In a recent decision, the appeal […]

Time to say goodbye (for now)

Series Litigation Value: various harassment, discrimination, and bizarre workers’ compensation matters = astronomical; future employment matters due to Dwight taking over as Regional Manager = enough to keep Dunder Mifflin’s attorneys busy for many years to come; seeing the older, hopefully wiser, family man version of Michael in the final episode = priceless. After years […]