Reference no: EM133418429

Explain every aspect of the answer to each question in detail. For example, when determining OSHA recordability, go into detail as to what classification of recordable injury it is, why it is that classification (citing the regulation) and information that would need to be included on a 300 log.

Question 1. Billy has worked on the plant floor for 5 months. Due to being unaware of his environment, the tip of his right index finger is pinched in a machine. He suffers a significant cut. As the Safety Manager, you send Billy to a doctor to be treated. The doctor cleans the wound, places a band-aid on the wound and returns Billy to work with no restrictions.

a. Explain whether or not this is a Workers' Compensation Case/Claim and justify your answer using what you know of Workers' Compensation laws.

b. Explain whether or not this is an OSHA recordable injury and justify your response from the regulations.

Question 2. Three workdays later Billy comes to you and you see that his finger is red and swollen. He appears to be in pain and complains that his finger is very sensitive to pain. You arrange for Billy to see the doctor again. The doctor determines that the wound has become infected. She cleans the wound and prescribes an antibiotic and mild pain killer for Billy to take for the next week. She returns Billy to work restricting him from using his right hand for 10 days.

a. Explain whether or not this is a Workers' Compensation Case/Claim and justify your answer using what you know of Workers' Compensation laws.

b. Explain whether or not this is an OSHA recordable injury and justify your response from the regulations.

Question 3. The antibiotic does not work. Billy reports back to you and his finger is noticeably worse. You arrange for Billy to go back to the doctor. She determines that Billy has acquired a unique infection in his finger and that the only treatment is to amputate the finger to prevent the infection from spreading. The surgery is performed and Billy must stay at home for 10 calendar days to heal.

a. Explain whether or not this is a Workers' Compensation Case/Claim and justify your answer using what you know of Workers' Compensation laws.

b. Explain whether or not this is an OSHA recordable injury and justify your response from the regulations.

c. Are there new OSHA reporting requirements at this point?

Question 4. While Billy is at home recovering from his surgery, you receive a letter stating that Billy is now being represented by an attorney.

a. How does this affect your management of the claim?

b. Your boss is upset by this evolution of the claim and demands that the claim be denied. Who has the ability to deny a claim? Can this claim be denied at this point?

Question 5. Billy's 10 days of being home to heal have elapsed. You receive communication from Billy's attorney that he is unable to return to work due to the wound not healing properly. Billy now wants to go see his personal physician.

a. Do you have the right to see Billy's medical records from his personal physician?

b. Does Billy have the right to switch doctors?

c. What will have happened to the reserve on the claim to this point?

Question 6. You suspect that Billy is actually ready to return to work and has become fraudulent in how he is reporting information regarding his injury.

a. Can you arrange surveillance on Billy? If so, how would you do it and who would you include to help you make the decision?

b. What are the positive and negative aspects of using surveillance?

Question 7. Weeks into the case, Billy has not returned to work. Based on current information you have received from the doctor on permanent restrictions, you do not have a position that could accommodate the restrictions placed on the use of his right hand.

a. Can you make a job to bring him back into that was significantly different from his previous job?

b. You wish to move forward with separating him from employment from the company. What is a "global release and resignation"? How does it affect the reserve on the claim?