Can I replace an employee out on a workers' compensation claim?

  An employee of one of my policyholders has been out of work on a workers' compensation claim for over a year.  The employer hired a 'temporary' employee to fill the position and asked me whether they could replace the injured employee by making the 'temporary' position 'permanent.'  This is a Human Resource (HR) issue that I was not qualified to answer so I recommended the policyholder consult wth a Labor Law attorney for an opinion.  I also noted to the policyholder that they did not have employment practice liability insurance (EPLI), a policy that would provide a defense for 'wrongful termination' as well as numerous other potential employer-employee issues.  Many times EPLI can be added to a not-for-profit's Directors & Officers Liability policy for less than $200 a year.  This is a good policy to have whether you have one employee or one hundred.