Q & A: Medical appointments
during working hours; lump sum payments
Q.
“Our insurance carrier has set up physical therapy appointments
during working hours for an employee who was injured on the job. Do we have
to pay him for the time he is at his appointment?”
A. Yes. Department of Labor regulations state "[t]ime spent by an employee
in waiting for and receiving medical attention on the premises or at the
direction of the employer during the employee's normal work hours on a day
when he is working constitutes hours worked." 29 C.F.R. § 785.43
(2007)
A U.S. Department of Labor opinion letter further supports the conclusion
that companies should be bound by the actions of their Workers’ Compensation
administrator. According to the opinion letter, an entity acting on behalf
of an employer can bind the employer for purposes of directing medical appointments.
The letter explains that "[i]f the employer or the employer's agent
(insurance carrier) arranged for the employee to see a doctor during the
employee's normal working hours, the time spent traveling to and from and
visiting the doctor's office would be compensable hours of work."
Q.
“We are considering a lump sum settlement with an employee. Can
she come back for money in the future?”
A. Lump sum settlements are common in our industry. They should not create
any negative issues for you, if the Carrier and the Attorney craft the Settlement
Stipulation properly. Settlement Stipulations should clearly state that
the injured employee has no right to come back for more – that the
settlement is final. |