Q: If an H1B employee leaves job and exits USA while on open work comp claim. What happens to claim?
Having been on work comp can or may affect future employment? (For repetitive stress injury)
Follow-up question: Restrictions are minimal and worker is on modified duty. Do not have time to settle case (1 month left before exiting US). What would be best possible ways to close this work comp case? Work comp objected 1 treatment recommendation from therapist and now wants to consult QME. This process is only causing stress and no medical improvement.Could have seen better specialist via own insurance by now (Been more than 4 months).
A:
There are several possibilities
1) defendants will seek to have the claim dismissed if there is no activity for 6 months
2) The case will linger and nothing will be done until the employee returns or case is dismissed
3) the employee can try to get treatment outside US, unlikely to be successful due to reporting requirements
4) If employee has permanent restrictions it may limit future employment opportunities
Best to try and get a settlement before leaving, either an open award for life or C&R buyout. Open award is a lifetime award and cannot be dismissed once approved by the court
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