Thursday, June 29, 2006

WHAT IS "DOUBLE DIPPING" ?

WHAT IS "DOUBLE DIPPING" ?
I tend to be a stickler on definitions, because, if we don't have a clear understanding of what is meant when people are using a term, confusion will result.

Thus, when I heard that a work comp carrier representative had used the term "double dipping", I had to find out what the heck it meant.

Initially, one would think this retarded and ambiguous term would mean that you were going to get TWO SCOOPS of ice cream on your cone instead of one. Maybe it means you get rocky road with your chocolate.

Of course, it could be a term unique to those who chew tobacco, and double dipping could mean getting a double load of "chaw" (i.e. chew).

But, double dipping COULD mean you use your Frito scoopable chip to get two loads of cheese on one scoop.

But, how would these apply to Work Comp? Clearly, insurance carriers are not giving out ice cream, not dispensing cheese dip, nor even chewing tobacco.

So, we have to "dip" deeper into the matter.

One possible clue as to what SOME carrier reps might mean when they throw this term around, is found in an article on Texas Mutual website

From http://www.texasmutual.com/news/stories2006Q2.shtm (selected portion used pursuant to FAIR USE doctrine)

"May 23, 2006 - Texas Mutual Insurance Company reports that, in unrelated cases, the Travis County grand jury indicted Carlos Torres and Shantel Babineaux on workers’ compensation fraud-related charges. Both workers were allegedly double-dipping, a term investigators use for claimants who collect workers’ comp income benefits by saying they are unable to work while they are actively employed."

So, THAT'S WHAT THEY MEAN when they use that retarded term!

So, let's investiage this idea a bit further.

Let's say a worker is actually employed in TWO jobs that he does daily.
It is not against the law to work two jobs.

Let's say one job is very physically challenging and one could get hurt easily, and involves heavy lifting, twisting, bending etc.
The other job is extremely light in nature. It only involves filing paperwork, no heavy lifting, no bending...in fact, a very , very light work description, job rating.

Scenario...this worker gets hurt on the job on the very physical job.
His injury is such he presents to a treating doctor. A history and exam are taken, radiographic examination done, even an MRI is done. The results indicate that, at this time, it is contraidicated that the patient continue working on the heavy duty job. THERE IS NO LIGHT DUTY ON THE HEAVY DUTY JOB.

The treating doctor fills out a 73 work status report taking the patient off work with regard to the job he was injured on, since there is no light duty or restricted duty available. In other words, the patient has to be 100 percent able to do heavy duty work.

But, he is physically able to do his second job, and if the duties of the second job were available on the heavy job, he could be returned to work.

But, the 73 work status, ONLY APPLIES to whether the worker can return to the JOB ON WHICH HE WAS INJURED...it does NOT apply to a second job in which he was not injured.

Therefore, there is no reason he cannot continue working at the second job, since he is fit and able to perform those extremely light and non-physically challenging duties.

Thus, he is properly and legally off work with regard to the job on which he was injured, but continues to be gainfully employed and working on job number two.

If one re-reads the "double dipping" definition, this employee / injured worker, would be "double dipping" because it does not stipulate he is working at the same job, just that he is getting work comp benefits, and remains actively employed.

Thoughts?

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