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  1. #1
    Join Date
    Aug 2009

    Default Hr Holding Reimbursement Check

    I have a work-related injury with a date of injury of May 1, 2009. Worker's Comp dragged their butt (in my opinion) and 3 months later, they finally approved my claim.

    In the meantime, I used all of my PTO (paid-time off) and CAT (catastrophic leave) leave per the county's guidelines. Worker's Comp sent a reimbursement check for the time that I used during the first 5 weeks of this (I was totally off work but returned to work part-time after 5 weeks) to the county's HR department. (There will be another check for the time since I returned to work part-time.)

    The state risk management person explained to me back in May that if my claim were approved they would reimburse me for the time that I used. That I could buy back time from the county if I wished and keep the remainder of the check.

    Now, HR is saying that I HAVE to buy back the time that I used and they are holding my check.

    I am thinking about consulting an attorney but found this forum and thought I would try this first.

    Any ideas/advice?

    Thanks in advance!

  2. #2
    Join Date
    Oct 2006

    Default Re: Hr Holding Reimbursement Check

    the employer can make whatever rules it wishes about whether an employee can use it's leave concurrently with workers comp.

  3. #3
    Join Date
    Feb 2007

    Default Re: Hr Holding Reimbursement Check

    When you file a claim, the ER/IC has a period of time to investigate and accpet/deny... you should receive at least medical during that time, in many cases TTD/TPD benefits are also paid.

    When you take vacation/pto etc from your employer to cover that time period, and your claim is finally accepted, you would only receive a check for TTD from the IC if there were differences between the TTD rate and your money the ER provided. IN WC there are min/max rates for wage loss...the ER is permitted to supplement that amount to bring you up to full wage.

    So the check the ER is holding is to reimburse them for the wage loss benefits due you from the IC> You can't be paid wages from your ER and wage loss from the IC for the same periods...that would be double dipping.

    So if they are keeping the money/check you should be credited in your vac/pto time that you took in lieu of the IC TTD benefits.

    Make better sense...? especially the overlap and double dipping part..

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