http://healthexecnews.com/did-direct-care-aides-injury-or-the-unemployment-rate-make-her-unable-to-workdid-direct-care-aides-injury-or-the-unemployment-rate-make-her-unable-to-work Healthcare Management News and Insights Fri, 10 Feb 2012 16:56:05 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://healthexecnews.com/did-direct-care-aides-injury-or-the-unemployment-rate-make-her-unable-to-workdid-direct-care-aides-injury-or-the-unemployment-rate-make-her-unable-to-work/comment-page-1#comment-340 Leo Turgeon Sat, 30 Jan 2010 00:16:51 +0000 http://healthexecnews.com/?p=876#comment-340 Having been in managment positions for many years, I have seen my share of "gaming" of the workers comp system, but I must say the decision of the courts in this case is baffling in its basic unfairness. If she did in fact injure her arm on the job, which resulted in her not being able to perform the job and getting fired because she could not do her job, she should be eligible for workers comp. If there was reasonable doubt that the injury actually happened while she was working,if she was offered another position by the employer where she could have managed the work with this reduced capacity and she refused that, or if there was mixed medical opinion as to how much capacity she had lost, I could understand how they might deny her claim. But in my opinion, the scarcity of jobs in her community should have nothing to do with the decision-the reason she could no longer do her job should be the deciding factor in the courts decision. Having been in managment positions for many years, I have seen my share of “gaming” of the workers comp system, but I must say the decision of the courts in this case is baffling in its basic unfairness. If she did in fact injure her arm on the job, which resulted in her not being able to perform the job and getting fired because she could not do her job, she should be eligible for workers comp. If there was reasonable doubt that the injury actually happened while she was working,if she was offered another position by the employer where she could have managed the work with this reduced capacity and she refused that, or if there was mixed medical opinion as to how much capacity she had lost, I could understand how they might deny her claim. But in my opinion, the scarcity of jobs in her community should have nothing to do with the decision-the reason she could no longer do her job should be the deciding factor in the courts decision.

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