Legal Question in Administrative Law in Arizona

COBRA and Worker's Compensation

We have a fellow who is on Worker's Comp - he has not been here a year so does not qualify for FMLA. He has full Medical and Dental Insurance coverage for both he and his wife. Our company is paying the premium for this coverage and my question is this. Is it lawful for me to put them on COBRA and expect payment for his insurance while he is off on comp? He may not return to work here.


Asked on 6/27/02, 1:17 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: COBRA and Worker's Compensation

If health insurance is a part of the benefits package associated with his employment, your only remedy is to terminate his employment and assign him to COBRA following termination.

To take any adverse action against him because he has a worker's compensation claim is prohibited by the Act.

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Answered on 6/27/02, 2:40 pm


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