Leo works for FLYME Airlines as an air traffic controller at a busy city airport. For the last two years, his health has been deteriorating. He sits all day, does not exercise, has gained 28 pounds and has slowly developed high blood pressure. Leo recently had a heart attack and is worried the stress of his job will be too much for him. He is nearing retirement but does not want to stop working. You are Leo’s boss and not happy with his job performance or his physical or mental state. You are worried about his personal health and more so, his ability to do the job safely and the safety of others.
Discuss the following:
1. Determine and identify the law in your home state as to Worker’s Compensation and who is entitled to it. Then, provide what the company’s options are and whether Leo qualifies for workers’ compensation due to his health issues and high blood pressure. Analyze the key legal and ethical issues faced by you, the employer and what some of the arguments would be on both sides if Leo applies for worker’s compensation.
2. Explain the Direct Threat defense pursuant to the Americans with Disabilities Act and whether the employer can fire Leo using the defense.
3. Per the chapter reading this week, summarize your understanding of Unions and some of the key issues that are important to both employees and employers today.
Please do the discussion on the state of Virginia.
Please see a sample answer to this discussion question below.
In my home state South Carolina workers’ compensation Act provides that all employees suffer injury by accident arising out 0f and in the course of employment, that individual is entitled to recover medical expenses, temporary total compensation for lost time, and permanent disability benefits if he / she suffered any permanent injury as a result of the work accident.Under the current law employer has the right to select the doctor who will treat them. If the employer go to see your own doctor doctor wthout permission of the employer, the employer may not be held liable for the medical expense, unless it constitutes an emergency cndition. You such alway report your injury to your supervisor, you should request that employer be responsible for the medical treatment. If your claim is denied you can attempt to handle it yourself and hire a attorney, your attorney will file a form 50 on your behalf with Worker’s Compensation Commission. Once the case has been decided by the full commission it is rare that it with be appealed to the court. Fault or negligence is nt issue regarding the payment of Workers’ Compensation claim . For example If employee was intoxicated at the time of the injury.
Home Workers’ Compensation Commission – SC.GOV The official website of the state of South Carolina
Leo is an air traffic controller who has had significant problems with high blood pressure. He has changed his diet, takes medication,but the ploblem persists. His doctor has recommended that he find 0ther employment because his job is causing his blood pressure and continuing to work at the job may have lead him to the massive heart attack. Yes he be able to apply for worker compensation benefits as a medical case temporary disability because it might occur while he is working so it two requirements to be deemed compensable under the Workers’ Compensation Act. This is consider a injury so he be states disability benefit.
Under the Americans with Disabilities Act’s denfense is intended to shield employers who must take an employee’s disability into account in rder to protect employees from significant danger. Leo effect of the accommodation of the operation of the facility making the accommodation he may not be qualified to remain in the job.
Per chapter what i have learn is unions are important because they help set the standars for education, skill levels, wages, working conditions, and quality of life for workers. Union-negtiated wages and benefits are generally superior to what non-union workers receive. most union contracts provide far more protections than state and federal laws. Modern unions have shifted their focus to a number of targeted issues and work with management to protect the interests of its members in those aeas.