Skip to main content
EVENT TRACKER
Keep track of rescheduled, canceled industry events with our COVID-affected event tracker - Powered by Snap Finance
Close
Sister Publication Links
  • Rubber & Plastics News
  • European Rubber Journal
tb-logo
Subscribe
  • Login
  • Register
  • Subscribe
  • News
    • OPINION
    • CORONAVIRUS
    • AUTO INDUSTRY
    • BUSINESS/FINANCIAL
    • COMMERCIAL TIRE
    • FACTORY FIXES
    • GOVERNMENT & LAW
    • INTERNATIONAL
    • MOTOR SPORTS
    • NEW PRODUCTS
    • RETAIL TIRES
    • SERVICE ZONE
    • SEMA/AAPEX
    • SMALL BUSINESS
    • TIRE MAKERS
    • SPONSORED CONTENT
    • New round of Paycheck Protection Program funding opens
      Vaccine may usher sense of normalcy
      Cover-up: More retailers requiring face masks to curb COVID
      USW alleges COVID-19 violations at Kumho plant
    • Conti starts production of ‘HL' load index tires for select OE customers
      GM banking on 'BrightDrop' EV to build commercial van business
      Stengel promoted to president of NAPA parent Genuine Parts Co.
      Former auto exec Tyrone Jordan joins Cooper board of directors
    • Linglong planning U.S. launch of 'Hubtrac' truck tire brand in 2021
      COVID-19 takes huge bite out of European tire markets in 2020 —ETRMA
      U.K. race series extends contract with Goodyear through 2026
      New round of Paycheck Protection Program funding opens
    • Linglong planning U.S. launch of 'Hubtrac' truck tire brand in 2021
      Evolving delivery trends good for CV tire sector — Cooper exec
      Conti adding light-duty products to General Tire OTR tire lineup
      GM banking on 'BrightDrop' EV to build commercial van business
    • New stimulus package fixes PPP loan confusion
      USW opposes Taiwan tire makers' dumping counterproposal
      New round of Paycheck Protection Program funding opens
      Taiwan tire makers propose settlement of import duties case
    • OK Tire adds Cooper, GT Radial passenger tires, Michelin, BFGoodrich commercial tires
      Linglong planning U.S. launch of 'Hubtrac' truck tire brand in 2021
      Global OTR Library adds wheels, rims to portfolio
      Conti starts production of ‘HL' load index tires for select OE customers
    • U.K. race series extends contract with Goodyear through 2026
      Goodyear Racing staying on track
      General Tire Canada renews sponsorship deal with Raceline Network
      Indy Autonomous Challenge: High-speed, head-to-head, no drivers
    • Linglong planning U.S. launch of 'Hubtrac' truck tire brand in 2021
      Hankook doubles size range of Ventus V2 all-season UHP line
      Conti adding light-duty products to General Tire OTR tire lineup
      Goodyear-brand belts back on the market under licensing arrangement
    • OK Tire adds Cooper, GT Radial passenger tires, Michelin, BFGoodrich commercial tires
      Wholesaler K&M Tire hosts virtual dealer conference
      Hankook doubles size range of Ventus V2 all-season UHP line
      New stimulus package fixes PPP loan confusion
    • AMRA to host 5 educational webinars in Feb., March
      Shocks/struts maker KYB unveils video training series
      Bauer Built completes expansion at Neb. facility
      Marinucci: Basic steps to email efficiency
    • WTC hosting webinar Jan. 20 on load-capacity standards
      Denver's Brian Sump named AAPEX Shop Owner of the Year
      DUB, TIS Wheels founder Myles Kovacs is SEMA Person of the Year
      AAPEX: Using social media to promote your business
    • New stimulus package fixes PPP loan confusion
      Vaccine may usher sense of normalcy
      2020 Review: PPP loans give boost to small businesses
      Latest COVID relief bill includes $325B in small-business support
    • Linglong planning U.S. launch of 'Hubtrac' truck tire brand in 2021
      Papadimitriou to leave position with Pirelli after six months on job
      SRNA increasing prices on Dunlop motorcycle tires
      Sentury Tire hires Martin Winter as global OE technical director
    • Sponsored By Yokohama Tire Company
      7 questions to ask consumers when they need tires for a crossover SUV
      Sponsored By Yokohama Tire Company
      Stocking Tires for Crossover SUVs
  • SHOP FLOOR
    • BALANCING
    • DEMOUNTING
    • SAFETY
    • TIRE REPAIR
    • TPMS
    • TRAINING
    • VEHICLE LIFTING
    • WHEEL TORQUE
    • Video: Balancing Tire
      Safety tips for wheel balancing
      An introduction to wheel balancing
      Wheel weights: Balancing form with function
    • Video: Demounting
      Tire changer types, tips and trends
      How to clear rim rust and corrosion
      An introduction to demounting, mounting and inflation
    • Video: Safety
      Customers
      Considerations for shop safety policies
      Introduction: Creating a culture of safety
    • Video: Tire Repair
      Essential tools, materials and equipment for tire repair
      An introduction to tire repair
      How to properly patch a puncture
    • Video: TMPS Service
      The life-saving work of TPMS
      An introduction to TPMS service
      The importance of proper relearn procedures
    • Video: Training
      Internship ideas to attract tech talent
      Choosing the right auto service tech school
      Intro: Finding and training technicians
    • Video:Vehicle Lifting
      The gravity of proper lift points
      Safety essentials when using jack stands
      An introduction to lifts and lift safety
    • Video: Wheel Torque
      The importance of torque specifications
      Introduction to proper wheel installation
      Torque check and recheck recommendations
  • Multimedia
    • VIDEOS
    • PHOTOS
    • PODCASTS
  • Events
    • ASK THE EXPERT
    • LIVESTREAMS
    • WEBINARS
    • SEMA LIVESTREAMS
  • Data
    • DATA STORE
  • Resources
    • DIRECTORY
    • CLASSIFIEDS
  • ADVERTISE
  • DIGITAL EDITION
MENU
Breadcrumb
  1. Home
  2. News
August 31, 2015 02:00 AM

PERSONNEL MATTERS: How to handle 'comp claim waiting to happen'

Crain News Service
  • Tweet
  • Share
  • Share
  • Email
  • More
    Print

    By Stephanie Goldberg, Crain News Service

    CHICAGO (Aug. 31, 2015) — A company can refuse to hire someone it considers “a workers' comp claim waiting to happen,” but experts advise against it.

    The Tennessee high court on Aug. 28 ruled that an employer can refuse to hire a job applicant who has filed or is likely to file a workers' comp claim.

    Kighwaunda M. Yardley, who worked as a housekeeping aide for University Medical Center in Lebanon, Tenn., was injured in 2010, and began receiving workers' comp benefits. She returned to light-duty work in July 2012 and was released to full-duty work later that summer, court records show.

    However, as of the start of 2012, the hospital contracted with Austin, Texas-based Hospital Housekeeping Systems L.L.C., which interviewed the medical center's existing workers but retained the right not to rehire them.

    In an email to Hospital Housekeeping Systems executives, Michael Cox, division vice president for Hospital Housekeeping Systems, advised against hiring Ms. Yardley, saying she had been out on workers' comp, her shoulder was again hurting, and hiring her would be “a workers' comp claim waiting to happen,” according to the state high court's ruling.

    Ms. Yardley sued in the U.S. District Court in Nashville, Tenn., arguing that workers would be less likely to file comp claims if employers can refuse to hire them, thereby depriving them of “their rightful remedies” under the state's Workers' Compensation Act.

    Hospital Housekeeping Systems argued that, because Ms. Yardley was an applicant and not an employee, it had no obligation to her under the state's workers comp law and the state's at-will employment law.

    In its unanimous ruling, the state court said employers do not violate comp law by taking such a stance.

    The court also noted: “In Tennessee, there is no statutory or common law cause of action for retaliatory failure to hire.” States such as Florida, Louisiana, Maine and Massachusetts do have such laws, the Tennessee court noted in returning the case to the lower court, the ruling stated.

    The court isn't saying it's fine to discriminate against the job applicant for filing a prior workers' comp claim, said Steve Coonrod, a partner at McConnaughhay, Duffy, Coonrod, Pope, Weaver, Stern & Thomas P.A. in Tallahassee, Fla. Rather, it decided such an action does not violate the state's comp law.

    Such a stance could lead to a disability discrimination claim under the federal Americans with Disabilities Act, he said.

    Albert B. Randall Jr., Baltimore-based principal at law firm Franklin & Prokopik P.C. and president of the National Workers' Compensation Defense Network, said his advice to employers is “be very cautious about using prior workers compensation claims as part of their decision-making process…. Some courts, perhaps many courts, would” consider this a “violation of the ADA or the state equivalent under the ‘regarded as' theory.”

    The theory, which does extend to applicants, states that an employer can't regard an individual as being disabled, Mr. Randall added.

    And while Tennessee's workers' comp law does not bar employers from refusing to hire an applicant who has filed a comp claim, it is a violation of state law to fire an employee for filing one, the state high court noted in the ruling.

    This report appeared on the website of Crain's Business Insurance magazine, a Chicago-based sister publication of Tire Business.

    Letter
    to the
    Editor

    Do you have an opinion about this story? Do you have some thoughts you'd like to share with our readers? Tire Business would love to hear from you. Email your letter to Editor Don Detore at [email protected].

    SIGN UP FOR NEWSLETTERS
    EMAIL ADDRESS

    Please enter a valid email address.

    Please enter your email address.

    Please verify captcha.

    Please select at least one newsletter to subscribe.

    Newsletter Center

    Staying current is easy with Tire Business delivered straight to your inbox.

    SUBSCRIBE TODAY

    Subscribe to Tire Business

    SUBSCRIBE
    Connect with Us
    • Facebook
    • LinkedIn
    • Twitter
    • RSS

    Our Mission

    Tire Business is an award-winning publication dedicated to providing the latest news, data and insights into the tire and automotive service industries.

    tb-logo
    Reader Services
    • Contact Us
    • About Us
    • Site Map
    • Industry Sites
    • Order Reprints
    • Customer Service: 877-320-1716
    Partner Sites
    • Rubber & Plastics News
    • European Rubber Journal
    • Automotive News
    • Plastics News
    • Plastics News China
    • Urethanes Technology
    RESOURCES
    • Advertise
    • Privacy Policy
    • Privacy Request
    • Terms of Service
    • Media Guide
    • Editorial Calendar
    • Classified Rates
    • List Rental
    • Digital Edition
    • Careers
    • Ad Choices Ad Choices
    Copyright © 1996-2021. Crain Communications, Inc. All Rights Reserved.
    • News
      • OPINION
      • CORONAVIRUS
      • AUTO INDUSTRY
      • BUSINESS/FINANCIAL
      • COMMERCIAL TIRE
      • FACTORY FIXES
      • GOVERNMENT & LAW
      • INTERNATIONAL
      • MOTOR SPORTS
      • NEW PRODUCTS
      • RETAIL TIRES
      • SERVICE ZONE
      • SEMA/AAPEX
      • SMALL BUSINESS
      • TIRE MAKERS
      • SPONSORED CONTENT
    • SHOP FLOOR
      • BALANCING
      • DEMOUNTING
      • SAFETY
      • TIRE REPAIR
      • TPMS
      • TRAINING
      • VEHICLE LIFTING
      • WHEEL TORQUE
    • Multimedia
      • VIDEOS
      • PHOTOS
      • PODCASTS
    • Events
      • ASK THE EXPERT
      • LIVESTREAMS
      • WEBINARS
      • SEMA LIVESTREAMS
    • Data
      • DATA STORE
    • Resources
      • DIRECTORY
      • CLASSIFIEDS
    • ADVERTISE
    • DIGITAL EDITION