Can she really just sit at home and collect comp?
October 16, 2009 by Fred HosierPosted in: Injuries, Special Report, Workers' comp, cost of safety, new court decision
In some states, when workers are placed on permanent partial disability, it’s expected that injured employees will make a “good-faith effort” to find alternate employment they can perform. However, one state court just found a reason to overturn that 15-year precedent and allow a worker to keep collecting.
Carolyn Bergstrom worked for Spears Manufacturing Co. as a production janitor. One day, after lifting a garbage can and setting it back down, she felt pain in her back.
The next day the pain became severe, and she was reassigned to sorting parts. She was unable to do that because standing in one place caused her too much discomfort.
An orthopedic surgeon directed her to stop working and file for disability benefits. Initially, she was awarded permanent total disability by an administrative law judge (ALJ).
But the state workers’ comp board set aside that decision, and the ALJ suggested Bergstrom try to return to work. She did, and she was again assigned to the parts sorting job. She said she wasn’t able to perform the job for more than 3 hours because of pain and went home. The company fired her.
Then her award was reduced to permanent partial disability. The state’s workers’ comp board found that Bergstrom “didn’t exercise good faith” when she failed to perform alternate job duties that her company offered her after her injury.
Bergstrom appealed.
An appeals court upheld the reduction of her award based on the “good-faith effort” doctrine that appeals courts in Kansas had applied to such cases for 15 years. In other words, a workers’ comp award could be reduced if the injured employee didn’t make a good-faith effort to seek out and accept alternate employment.
But a majority on the Kansas Supreme Court ruled that the state’s workers’ comp law contained no such good-faith provision. It ruled that appeals courts in the state had ruled incorrectly for years on the matter. So in this case, it reversed the lower court’s ruling and sent it back for further consideration.
The upshot: It appears until this is corrected by an act of the Kansas legislature, employees can decide they suffer too much pain after a workplace accident, leave their job and collect benefits without looking for alternate employment.
Let us know what you think about this case in the Comments Box below.
Cite: Bergstrom v. Spears, Supreme Court of KS, No. 99,369, 9/4/09.
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Tags: back injury, good faith effort, permanent partial disability, sit home and collect comp
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October 19th, 2009 at 1:53 pm
I do not think that this is right - I think that Comp should force them to look for alt employment either with their current company or with someone else
October 19th, 2009 at 1:59 pm
I have cronic back pain and what I’ve come to realize is that if you don’t have the same problem, you can not understand what a person is going through. I can not sweep, wash dishes, rake, stand, sit for any lenthy periods. The only reason I am still working is that I am able to sit or stand at will. Otherwise, I wouldn’t be able to hold down a job for long. Cronic back pain is real. There are people who have even committed suicide over it. There are people who have become addicted to pain medication over it. Just because you change jobs doesn’t mean you will be able to hold that job for any length of time.
People in Ms Bergstrom’s place are damned if the do and damned if they don’t. Personally, I understand her delima and my heart goes out to her. I wish her luck.
October 19th, 2009 at 2:05 pm
There are multiple variables in this discussion.
1. What kind of behavior aggravates her back?
2. Is she always in pain?
3. Is there any behavior that does not affect her back or keeps pain minimal?
If her problem is back rotation, can the company provide a job that allows an individual to sit up right with no lumbar rotation? Would the company be willing to pay to change her job skills to facilitate workforce reintegration in a different capacity which is compatible with the disability?
October 19th, 2009 at 2:09 pm
What a mess! I’m glad to not be judging that one. I’m all for making people work who can work and not paying them to sit around watching TV all day. But how do you judge the good faith effort of someone who did get another job? I guess a 3 hour attempt on one day is not enough. I would be surprised if the Legislature did not revisit this issue. However you determine what a “good faith effort” is, not having that requirement is just begging to get taken advantage of.
October 19th, 2009 at 2:12 pm
We have become a nation of lazy, whinners looking to make a quick buck in order to sit at home. Work Comp laws are suppose to protect emploees not give them an excuse not to work.
October 19th, 2009 at 2:24 pm
Have you ever had a back injury? Let me tell you..it get’s bad very bad. And when you go to your employer they all think “their faking it” Back injuries are life changing, at work and at home. I dident want to lose my job and I did try to work through the pain, which caused more problems. It’s been 15 years since my injury and with age it worse now then ever. But dont go try to get a job with back problems if the person knows this, you have no chance. So put your self in the other persons shoes before insisting the “look for work”. If you have never been there you have no idea.
October 19th, 2009 at 2:30 pm
But what if she really did have pain after trying the alternate job? The article did not menton if the doctor continued to support her in that the injury did cause a perminate disability and if so no state board should be able to over ride a properly documented medical problem. This article is too breif to really know what her condition was.
October 19th, 2009 at 2:31 pm
While I do agree with all of you….I have to agree with Tired of the Whining…I too have a chronic neck problem but I am still working, driving, taking care of my family as best as I can and I know my restrictions, but I do think that if a person can work in what ever capacity then they should obtain some type of employment and not just sit at home. there are so many out there that just use the system….
October 19th, 2009 at 2:39 pm
We have a “light duty clause” here. If the employee can not perform their assigned duty, we bring them back to work, even if it is just dusting off picture frames or cleaning windows or sitting down doing some simple data entry. If the employee refuses light duty, then we have the option of letting them go.
It depends on the restrictions that the doctor has recommended. We never have them do anything that isn’t OK’d by their doctor.
October 19th, 2009 at 2:48 pm
I agree with Bill. I too have chronic back and neck pain due to a work injury in a production shop. I was told by the surgeon (after surgery) that I will have pain for the rest of my life. I, as Bill now have a position (ironically as a Safety Champion) where I can sit and stand as needed.
What I think needs to happen is for WC to help her rehabilitate her job qualifications to get her into another job position. She was a janitor and may just need to learn another trade to get her into a position that will work with her disability.
Chronic pain and pain medications can cause depression and the best thing for her is to get back in the working world for her own emotional health. I wish the best for her also.
October 19th, 2009 at 2:57 pm
The only work people want anymore is to figure how to collect a paycheck without working. Even the families of these people seem okay with it. Where the heck do they find their life has value? Truely SOME may not be able to work but that being the case there are a whole LOT of things that that should not be able to do. IE: Bad back, can’t work gets a disability check but rides a motorcycle, works on vehicles, and collects a disability so he can sit around molesting litttle kids. He goes to prison for it and STILL gets a disability check?????????????? What for? He has his room and board paid for by us now.
Don’t work - - don’t eat! Let’s get back to that.
God bless
October 19th, 2009 at 2:59 pm
I think that this is a situation of the WC insurance not wanting to pay. I have, in my experience, dealt with WC claims and lawyers for WC insurance companies and their ONLY interest is NOT paying for anything. I think that people should not take advantage of the system by no means, but WC insurance companies should also do the right thing for a companies’ employees too. I say that this lady finally got a correct decision in the end.
October 19th, 2009 at 3:01 pm
I myself suffer from back pain. It took me 3yrs to get work comp to pay for the surgery and the only reason for that was i finally retained an attorney. NE is the worst place to get hurt at work. I understand Bills pain. I was hooked on vicoden and a morphine patch for years. As it is, i can not go back to building bridges and no other company will hire me now that im hurt. If i reaggravate it with them they do not want to accept the liability that comes with it. In my experience i have yet to see workmans comp help an injured worker.
October 19th, 2009 at 3:03 pm
Here, in this case at least, a legislative body is being forced to make changes in a murky section of a state law.
October 19th, 2009 at 3:05 pm
I agree back pain is very tough. In my experience, most back injuries are not “caused” by work. Unless a very acute event occurs, a back injury is the result of many factors that reside away from work. Physical condition (most people are overweight), genetics (bad spinal posture), bad habits away from work, and even sitting for long periods that people do at work and away from work and the list goes on. In this case lifting a trash can may be the straw that literally broke the camel’s back but I would bet that person would have injured her back at home if not working for someone. She is entitles to fair compensation but she needs to decide her next course of action which I recommend lots of excersize to get in shape so she can work in a different environment. There are lot’s of jobs or better yet become a business owner that she can do to be very successful..
October 19th, 2009 at 3:11 pm
“It appears until this is corrected by an act of the Kansas legislature, employees can decide they suffer too much pain after a workplace accident, leave their job and collect benefits without looking for alternate employment.”
Wrong. The employee cannot render a Medical Opinion they’re not qualified for. Pain is a subjective case by case issue. A doctor must verify, document, treat and possibly issue a disibility rating. Write in the company policy an independant doctor contracted by the company will evaluate her. This keeps it fair. There are no other jobs (light duty) they could have offered her? Federal law states (ADA) with job duties with reasonable assistance. I don’t believe they’re being very reasonable. They could pay for retraining her and keep her or help he find another job, this would be less expensive in the long run. In some states the Personal Injury Lawyers are out of control.
October 19th, 2009 at 3:13 pm
Being an HR person myself and going through the back PAIN thing, by just bending and turning the wrong way. I couldn’t even walk for 2 days, was off for 7 days and the pain was intense so I can relate I wouldn’t have been able to stand and do anything for 8 hrs. So maybe persons who haven’t been there should stop their Whinning !! The experience opened my eyes and there are ways to weed out the actors in the crowd.
October 19th, 2009 at 3:19 pm
From what I can see, if they gave her a job on her feet it is going to agravate her back. I know from personal experience that some jobs you are not able to preform on your feet and that doing so will put you down for days afterwards. Not all jobs are the same and not all reassignments meet the correct critieria for each persons needs for a medical condition. The best thing is to talk to the Doctor to find out what the employee can and can not do. If the Doctor is suggesting that an employee stop working and go home, how do we know what is best for them. We are not Doctors.
October 19th, 2009 at 3:20 pm
It would seem that this case was mishandled from the beginning. It seems that all this person wants to do is lay around all day and collect money. I am sure that there could be a job somewhere in the company that she could do. She has to have some kind or restrictions that the company could meet. I am sure she is not bed ridden. It is to late now that they got rid of her maybe next time they will try harder or get a better adjuster for their claims management.
October 19th, 2009 at 3:38 pm
Editor’s note: For those who would like more exhaustive details about this case, click on one of the two links provided in the story for the court’s entire opinion. As a helpful note to regular readers, this will usually be the case: Our article will summarize the case, but a link will be provided for those that want more details.
October 19th, 2009 at 3:56 pm
I too have a chronic back problem and I understand that pain is my constant companion but it is my life and I have elected to stay active and not give in to my limitations. It is true that I am limited on what I can do but the trick is to have the ambition to want to maintain some degree of normal and do what it takes to get yourself retrained.
I can’t do things that I once did or some of the things that I need to do or enjoy doing but I have learned to listen to my body and manage tasks so that I can be productive without increasing my pain. Yes, I did had to change jobs so that I had more flexibility with movement and routine tasks and required effort.
The fact is that nobody can tell what you can or can not do because every situation is different but often it comes down to will. Do you want to take the easy road or strive to be productive.
Employers can’t let their employees decide what they can and can not do at will. They have a product to provide and budget restraints. That law is skewed to much toward the employee and takes the incentive to return to gain employment out of the equation.
Too many Americans are adopting the “They owe me” or “I’ve got it coming” mindset. Fair is fair but the employee must accept some responsibility for his/her life.
October 19th, 2009 at 4:13 pm
I have had a ruptured disc in my neck, I suffer from Plantar fasciitis (a painful non-inflammatory degenerative condition of the foot) I have degenerative disc loss in my lower back (surgery to repair) and I suffer from arthritis. I still work as an aircraft mechanic, and a truck driver, and whatever else our company needs me to do to be profitable. (including HR work)
I DEAL WITH THE PAIN!!! Which is constant. I don’t dwell on it, I don’t whine about it, I just deal with it. So please don’t tell me about how bad it is for someone else. I have been dealing with it for well over 20 years and I STILL WORK!!!
I do volunteer work, I do missions work, I help my family, my friends and my neighbors.
QUIT WHINING AND GET A JOB!!!
Thanks, I feel much better. LOL
October 19th, 2009 at 5:09 pm
Thank you Fred.
October 19th, 2009 at 5:27 pm
If you read the entire ruling from the court we see that she did try several alternate jobs but was unable to keep performing them due to pain agravation. The plaintiff noted there is no objective interpretation of “A Good Faith Effort”, was 3 hours in fact a good faith effort? and in fact in the work comp law there is “NO REQUIREMENT FOR A GOOD FAITH EFFORT”. An oversite maybe but I agree with the court… WE DON’T WANT ACTIVIST JUDGES LEGISLATING FROM THE BENCH! Even if i would agree with the previous 15 years of rulings stating that people must make a good faith effort.
I would think the company would have evaluated all restrictions against all job positions available to find something that would fit. I would even advocate having an employee doing multiple tasks such as filing, sorting, etc, real work but maybe something you wouldn’t hire an employee to do full time but the reality is if you make sure they come to work every day even with the injury recovery is much quicker and often miraculous…
OH.. and god bless those charitible commenters earlier, they are so Chrisian.
October 20th, 2009 at 8:18 am
There is not enough information about the true root cause of the back pain here for me to decide whether WC is justified under the Kansas ruling!
I never having gone thru severe back pain; cannot understand the anguish anyone goes through.
But the crux of this situation is, as I see it; 1) had/was the company trying in good faith to give this person a job, that did not cause a strain on the back? YES! 2) Should the company be held responsible for WC on in this situation? NO!
Here again; not knowing age, was it pre-existing; degenerative .. so on and so forth; it is hard to have a solid opinion!
October 20th, 2009 at 11:50 am
I am a Medic in the Construction Industry and I myself have severe back problems. I know what it’s like to deal with this chronic problem but I’m still hanging in there the best I can due to loving the job I do. I have the utmost compassion for the employee but The problem today is those out there that do WANT SOMETHING FOR NOTHING and screw it up for those that are really hurt. Yes it’s hard to believe everyone until proven wrong by an UPSTANDING doctor. But that brings me to another part: FINDING a doctor who will be up front and honest about the injury instead of saying there’s one just to keep having them come back to keep business going and money in their pocket…OR the one’s who want you to have SOME KIND OF SURGERY just to pacify the worker. I work closely with Workers Comp and they listein to us Medics but they also listein to the employee. Remember, the employee gives a verbal statement they may or may not get them and keep the help they really need. So in short: I believe that it has some to do with the economy, their willingness to go back to work and with the area that they live in but most of all: HONESTY… not hand outs!
October 20th, 2009 at 2:53 pm
In Louisiana, the Worker’s Comp Board offers occupational rehab to people collecting worker’s comp. They assess the person to see what they have the physical and mental ability to do, then have them learn something new that fits within the parameters of their disability.
This case would have fared better if the lady would have been given some sort of training on how to do something different that would not be a physically difficult job. There are many jobs out there that do not require standing for hours a day, or twisting, turning or lifting.
October 20th, 2009 at 4:54 pm
Construction Medic has a point. Please keep in mind also that doctors operate within the constraints of patients’ self-report of pain levels and capabilities. An M.D. might not be able to clearly detect a physical issue with the use of current medical diagnostics, but no doctor will ever tell a patient that their reported pain level of “10″ is not real. On a very important level, willingness to work (and I mean doing anything to maintain gainful productivity), is at the heart of many of these issues. And I have no doubt that the millions doled out in Worker’s Compensation benefits and settlements has a direct correlation to how much that same insurer charges for my health insurance premiums….
October 21st, 2009 at 8:40 am
I think if a person has real pain and can not work they shoudn’t, But a doctor must make that decision. The injured person should have a follow up exam every 90 days so the doctor can determine if that person should or should not work. Of course the doctor must be honest and do the right thing. I have lived with pain since my late 20’s. I know it can be difficult to work in pain but I have responsabilities to my family and myself. I wouldn’t want to be a burden on others or to be looked at as a dead beat. I am 48 now and still going strong. If you keep a positive attitude and stop feeling sorry for yourself and making excuses to not work, you will be fine. Let the people who really need the help get it and you should move on.
October 22nd, 2009 at 10:02 am
I agree with a little bit of something from each previous comment. I too suffer pain and still work. I have plantar faciitis (problems in my feet), arthritis in my knees, lower back and left wrist and I still work. The pain problems not only affect my work but they affect my life away from work. I have learned to adjust my activities to accommodate, alleviate or just prevent the pains as much as possible. From what I have read the lady did try to work other positions but could not due to the aggravation it caused. I think the HR department at Spears along with the WC should have reviewed her limitations and found something more suitable to her injury within the company or helped with rehabilitation so that she could continue with employment. Anyone who has back issues knows from experience that standing for long periods of time will aggravate the situation. With my arthritis I find that if I stand or walk to long or too far then I will pay the price for having done so it is something I have learned to deal with.
I would like to add to a previous comment from Scott.. you commented that maybe she should exercise to get in shape.. where is there anything stating the physical condition of the employee? Just because someone gets injured one shouldn’t assume they are out of shape. When I got the injury that resulted in my suffering with arthritis (and yes it was a direct injury on the job) I was in great shape having to do PT five days a week in the US Army and working out on my own in the off hours. I find it offensive that someone assumes lack of physical conditioning as soon as anyone mentions an injury. I have found that if I allow myself to get out of shape or gain even five additional pounds that it contributes to the pain. So if she is out of shape I would suggest that she get into a physician approved exercise program so as not to injury her self further.
I do realize that there are many who try to abuse the system but in this case I do not feel the company or WC tried to assist with a suitable alternative for employment and do not feel that the employee should be solely responsible for finding adequate employment in the event of a work related injury.
October 22nd, 2009 at 11:40 am
Just as Marty is offended by those who assume an injured person is out of shape, it offends me when people automaticially assume a person is trying to get over on the system. Sure, there are those, but who are we to assume? Plus, not everyone’s tollerence to pain is the same. Just because one person with pain has worked 20 years as a mechanic doesn’t mean all people are able to do that. There’s a word “emphaty” that maybe we should consider before we go off on someone or assume they are deadbeats trying to beat the system.
October 22nd, 2009 at 4:37 pm
Bill J.: Good point! But the word is “empathy”. =;o)
October 22nd, 2009 at 4:46 pm
There is one thing I think many of us commenting here have not realized. The question of whether or not Ms. Bergstrom gave a good faith effort was decided by the initial trial court, and they found that she did NOT put in a good faith effort. The issue that the Kansas Supreme Court decided was whether or not she had to give a good faith effort to continue to qualify for benefits. Unfortunately they decided that she did not.
The dissent in this case made a compelling argument for leaving the case law alone and keeping the good faith requirement. Work comp is a big issue that receives a lot of attention. If the legislature really did not want the good faith requirement as the SC said, then they had 15 years in which they could have written a new provision overruling the court. Their silence for that lengthy period (when comp was undoubtedly looked at multiple times) should have been considered to be their consent.
October 22nd, 2009 at 4:59 pm
Well it seems that we have a split here on those who feel for those with injuries (as I am sure we all do) but however there are more people who would rather beat the system and stay home and collect money for doing nothing…and being in HR I see it everyday and I do see some ligit stuff to but more on the side of beating the system. Not sure if there is a happy medium on this topic
October 22nd, 2009 at 5:18 pm
Perfectly put Bill. Thank you!
October 22nd, 2009 at 5:28 pm
I appreciate all the comments that have been posted here, it is interesting to see how much division there is over one subject.
It is interesting how many people want to show sympathy for the employee and almost no one has any for their employer. It appears that the assumption that employees (and most of the respondents here) make is that their employers are filthy rich people who’s only purpose in life is to attempt to kill, maim and abuse their employees. Maybe that is true for a very small percentage of employers, but as anyone in human resources knows, finding and keeping good employees is a difficult job. So why would a business owner not want to keep his or her good employees?
Here is a question for you: Where would we all work if someone else had not taken a huge risk and started a business? If you owned a business, which side of this debate would you be on? If you owned a business, and you were in pain, could you take disability? Who would run the business?
I personally know five people that retired from the railroad on full disability for bad backs. Now, these individuals all played golf at least twice a week, cut their own grass and were always wiling to lend a hand with firewood and other projects that required some lifting. All five of them! All they talked about was how they were getting over on the railroad.
Look at all the articles on this site about people getting un-fair awards for ridiculous claims. You all know that all of us have said “Oh come on”!!! every week over someone being awarded a settlement when all they should have gotten was embarrassed to have made the claim in the first place.
I am sorry that this woman cannot work, or will not work, it just seems to me that with each passing year we see more and more excuses why we can’t work and less and less why we can.
As a nation, we need to toughen up. Who will do the work and provide for everyone when we are all on the free ride express?
We can’t all work for the government!
October 23rd, 2009 at 10:09 am
Bill J.
I couldn’t agree more. Just about every article I have seen on WC it has always been stated by more than a few commenters that the employee is just trying to abuse the system. Why is it that everyone assumes the employee is trying to abuse the system or that the employee was out of shape and that is why they ended up injured in the first place? Are we all to assume that no one ever gets injured on the job, that all work places are the safest places in the world to be??? Why doesn’t anyone ever complain or comment on the insurance companies?
” Workers compensation (colloquially known as workers’ comp in North America or compo in Australia) is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence. ” We pay into insurance for a what if.. What if I get injured.. What if I get sick… the only insurance that is a given is life insurance (we are all guaranteed to die)..but at the end of the year, if you don’t get sick or if you don’t get injured you get nothing back, there is no return on your investment.. and God forbid if you have to use it. If you have to use it for any reason then they want to jack up your rates, deny you coverage, or worse cancel your policy. WC is no different. The insurance industry is one of the biggest rackets in this country and we all pay the price for that.
October 26th, 2009 at 12:30 pm
Not everyone with an injury is on “the free ride express” but I do not believe that this woman should have gotten permanent and complete disability. It really gets me irritated when I hear of people screwing the system because they make it harder on the ones that really need to use the benefits and on the employers. The insurance racket is the same across the board. If you use your insurance they want to jack the rate, deny your claims, or drop your policy all together. It is no different for businesses; too many claims and they get hit with rate increases, etc. We all pay the price when someone files false claims, but from what I read in the article the lady did try twice at the job provided by the employer and that she couldn’t do it because of the discomfort she felt after three hours. What I do not understand is this: If the employee could not do the job the first time due to discomfort and pain… why would you put them back into that same position knowing it was within their limitations and after the initial judge had awarded her permanent and total disability? Seems to me that the employer did not take into account the limitations of the injury or was trying to abuse the system their selves and get out of paying the employee anything to include a wage. If the woman had not been willing to work she would not have tried twice.
I am not sure how WC disability works; I am only familiar with VA disability. With the VA you are awarded a percentage. I am 30% this means I can work but with limitations. I also know my own body and I know those limitations and suffer the consequences if I do not head them. There are a lot of attributors to discomfort once you have a back injury, doesn’t mean you can’t do anything that requires them it just means you must do them in moderation. For example: I will only speak from my own experience, as we are all different so I cannot speak for someone else’s. Walking, jogging, hiking, standing, sitting or laying on hard surfaces, even typing, affect my conditions but I can still do all of them in moderation; it is when I exceed that threshold that I pay the price. This means I can mow my lawn, get firewood, or do other things that require lifting so long as I listen to my body, watch how I lift, and do it in moderation. The down side is that simple things such as sitting in the bleachers while attending my child’s graduation from high school can cause me several days of pain and suffering. Does that mean I will miss this once in a lifetime event??? Hell no, it means I suffer a few days of pain. No two people are alike and therefore the threshold’s they can handle are different, so because I can and will handle a few days or hours of pain does not mean that someone else can.
October 28th, 2009 at 6:45 pm
This decision is wrong headed. Just because the workers comp systems is no fault that does not mean there are no obligations. To make the system work the employer needs to foster a safe work environment and make a good faith effort to accommodate a worker that has been injured within the workers comp. system. Conversely, the emplyee needs to make a good faith effort to work and create value within the scope of employment and within their restrictions. I do not plan on moving my business operations to Kansas. ToTo pass the remote.
October 31st, 2009 at 8:23 pm
I’ve worked in C for years. I have kn problem paying people some lost wages as they recover or their medical bills. But at a certain point you need to move on. Look for something. Telemarketing where you sit, stand, sit, stand. Do something. What’s really frustrating is I see people on WC and out of work driving nicer cars than me, and lifestyle does not change. That’s fine if you have the money do so, but them you don’t need comp money. What employees don’t understand is that instead or raises or bonuses that money o going to pay increasing premiums. The system just doesn’t work, similar to our healthcare system (whatever it is now?!?!) I say move everyone out on WC to a commune in the middle of Montana with subsidized housing and bread and butter for dinner every night. At least for those who are now just a burden to our society. Yes, i may seem like a real a-hole, but i’ve seen too much fraud and laziness to support anyone who thinks otherwise.
November 17th, 2009 at 5:43 pm
As a safety professional I can see where the good faith protion is used but to what end, the employee should make that desition and not anyone else as they are the one in pain and discomfort why should the state or fed gov. say you have to work if they are phys. unable to work and it hurts, if you are Az what you get on disability is nothing so to be able to do anything would be a blessing as it is in most states so for them to say you have to work is really a redundent statement that is rather insulting to the worker they would rather make more by working than collecting 99% of the time they [the state] needs to grow a brain and see what they pay the workers today and see what they get by working and then shut up and sit down they do not have it right anymore.
January 5th, 2010 at 10:16 am
I agree with those who say “If you haven’t had the pain, you don’t understand”. This pain doesn’t just affect your ability to work but your quality of life. Pushing through a work day with chronic pain leaves you with no energy for your family life. I know we don’t want to pay people for “sitting around” (I hate that assumption) though there aren’t many jobs where you can take a 2 hr rest break whenever you need it, not to mention the continual time off for therapy, drs appts and flat out exhaustion. And there isn’t always one motion that aggravates a condition, any action for a length of time can be painful. Dealing with pain and staying away from the pain killers is no easy task. Yes we have to find a way to weed out the bad apples that are out for a free ride but don’t call them all whiners.
January 15th, 2010 at 7:13 pm
Pain is a tough one because we all have degrees we can handle. What about “legal blindness”? Defined as 20/200 in the best eye OR visual field restricted to 10 degrees or less (severe tunnel vision)… what about the person who is 20/100 in one eye and no vision in the other? Sure, they can be trained to do work of some kind, blind people work all the time…. but the training required is to train a newly blind individual is difficult and time consuming. Are you going to do that for a 55 yr old? Is it reasonable? Just asking…
February 25th, 2010 at 8:35 pm
This company has been in the area for 30 years, they are a lower paying factory employer. I know the HR guy there personally, I wish he would have called me when they wanted to fire this woman. Employers in right to work states need to learn to still fire people with proper documentation of reasons for termination.
Most factory places you wont have to sit for 3 hours normally on an 8 hour shift they arrange a 10 min break twice a day (even though its not mandatory if a meal break is provided)
Sadly here the employer didn’t do wrong they made a good faith effort to give the woman restrictive duty.
February 26th, 2010 at 10:52 am
I suffered a serious back injury several years ago and have to live with pain every day. Nonetheless, I work. Some days are better than others, but I deal with it. Pain is part of life. People need to adapt which includes being productive, responsible citizens. The Kansas Supreme Court decision is wrong headed.
May 8th, 2010 at 3:14 pm
if you’re not hurt or have any back problems get back to work and mind your own buisiness!…if you have not experienced any back problems (you’re lucky) then you just don’t know what we go through do you?…shut your hole and get back to work!…maybe you’re so lazy, that you really haven’t worked hard enough to complain about anything…the disability money is there…your common “hard worker” doesn’t have it, but be rest assured that the swindling insurance companies and their laxadasical pencil pushing office adjusters do have the money!…they don’t want to pay “the money” because it will affect their “bonuses”, extended vacations (that they don’t deserve)…etc…for the people with these medical problems, who busted their humps to deserve, i have nothing but compassion for you, and admire you with the utmost of “dignity”…shame on the ultra-selfish “non-working” / pencil pushing candy asses that restrict such deserved dignity…karma dictates that wait until a back injury rares its ugly head to someone you love!…God Bless.