Advice on WIA-WGA Objection

Questioner

I received the decision last month regarding my WIA benefit. This is positive and I am found to be 100% incapacitated for work. Today I received a letter from the UWV stating that my former employer (employment agency) is appealing this decision. -What could be the motives of my ex-employer to challenge this decision other than the costs he will have to pay because of my disability? -What will he try to dispute? My illness? -The UWV asks if I want to share my medical file with my ex-employer? I don't want to. Is this wise? -What is the best thing for me to do in this situation? -Should I hire a lawyer or wait first?

Lawyer

Dear Questioner, Your ex-employer will try to contest the decision of the UWV, because of a possible sanction that they will be imposed because they did not let you reintegrate properly within or outside the company. Your ex-employer is not allowed to judge your illness because that is what the UWV does. You can object to sharing your medical file, because your former employer does not need to know exactly what your illness is. I would wait a little longer before taking legal action. If you can't figure it out, please let me know as soon as possible.

Lawyer

The question is whether you have received 80-100% WIA-WGA or whether you have received 80-100% WIA-IVA. If you are classified in the first category, your employer has an interest in filing an objection because they will then indirectly have to pay part of your benefit. If you are classified in the latter category, it will not cost your employer anything. Incidentally, it is also in your interest to enter the IVA because you will then receive 75% of your last earned salary (instead of 70%). My advice: ask the employer about the reason for filing an objection. Perhaps the employer is also doing this in your interest. If this is not the case: you can always refuse access to the medical file.

Questioner

Thank you kindly for all the information. I have been awarded 80-100% WIA-WGA. From your information I understand that this could be a reason for my ex-employer to challenge the decision of the UWV. Unfortunately, the ex-employer is not releasing anything about the grounds for objection. These grounds are also not yet known to the UWV. The first thing this ex-employer did when seeing the decision was to file an objection. They have not yet submitted the grounds for objection, I believe they have four weeks to do so. -Does it often happen that employers challenge a WGA-WIA decision? -Was my ex-employer responsible for my reintegration despite the fact that they terminated my temporary employment contract on my first day of illness? My sickness benefit was paid by the UWV at the time with a small supplement from the insurance company for the temporary employment sector. My ex-employer has never been in touch in the past two years. According to the employee of the UWV Objection, my ex-employer has difficulty with my first day of illness. What does this mean? Thank you very much for your answers.

Lawyer

It is common for employers to file an objection to a WIA-WGA decision. There are even companies that specialize in this, which employers can call upon. The UWV was responsible for your reintegration, not the temporary employment agency. You actually said it yourself: your temporary employment contract ended because of your sick leave. At that moment, there is no longer a relationship between you and the temporary employment agency. It may be that the employer 'has difficulty with your first day of illness' because they will try to blame the illness on another employer. They will then try to take the position that you were already ill when you were still employed by another employer. But this is guesswork, I cannot say for sure what this means. My advice: wait for the substantive objection. You will receive a copy of it.