I am an employer. Our employee had a elbow injury approx. 1 year ago. He had two surgeries covered by workman''s comp.
Asked on Aug 07th, 2012 on Business Law - Wisconsin
More details to this question:
Lost wages during this time were also covered. About 2 months after second surgery, employee felt not resolved went in for a third eval for third surgery. Third surgery was scheduled. At this time Workman''s comp asked for a second opinion and a different Doctor determined third surgery was unrelated to original work accident. A end of healing date was assigned. Any wages that were paid after were still covered but continuing wages by workman''s comp ceased, also third surgery had to be covered by his employer paid insurance. Now employee is recovering from third unrelated surgery and has not worked for a very long time. We continue to pay for full insurance coverage for him and his wife, while he has not met our company policy of qualifying for insurance coverage (working full time = coverage in our company) I am wondering if we should still pay insurance or offer Cobra or what is right under above circumstances? No return date has been given.
You are under no duty to provide employment benefits to an employee who is out of comp leave and who has no reasonable prospect of returning to employment. You should discuss this with your regular employment-law attorney.
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