ACROSS Our PRESS DESK......

Sam Cahan, PE                          

A Post-Iraq Comp Problem

The Background

A Reservist is activated and deployed to Iraq. While on patrol an improvised explosive device detonates near his vehicle. He sustains a knee injury requiring surgery and rehabilitation. He is subsequently released from active duty and applies for reememployment. 

The Problem

The company doctor would not sign off on his returning to work fearing that his condition would cause the company's insurance premiums to rise. The personnel office concurred. 

The Finding/Solution

The veteran is back to work with back pay for delayed reinstatement because (paraphrasing the "Veterans' Reemployment Rights Handbook") the sole qualification is the veteran's actual ability to perform the duties of the job according to ordinary applicable standards of performance without unusual risk to the health and safety of himself and others.

The possible effect of his disability or impairment on the cost of workmen's compensation insurance would not be a legitimate disqualification factor.

-SC 6-12-04