ivc@earthlink.net
Member
Posts: 73
Joined: Nov 2002
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Friday May 19, 2006 3:36 PM
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Your offer of modified work means that it is the same job as at the time of injury but modified to within the employee's work restrictions. It should be a good faith, bonafide offer. Assuming this is the case, why do you believe it may end after a year?
Nonetheless, with a stipulated award, the employee may, at any time, undergo medical treatment and return to TTD if deemed necessary by the physician. Of course, all guidelines of ACOEM and UR are followed for the life of the claim.
I'm confused by some of your questions. You ask if you "still have to offer that modified work to accommodate to their P&S work restrictions?" The RU-94 is only done when the employee is P&S. Any job you provide while still TTD, is an an excellent cost saver and a help to the employee, but you do not use an RU-94. Also, RU-94's are no longer used...replaced by the DWC-AD 10133.53. So, is your employee still TTD or released P&S with work restrictions?
You asked, "What if we can no longer accommodate the injured worker's work restrictions with modified duty?" My question to you is, what happened to the accommodation that was provided for the prior 12 months and why is it no longer available? Is the company experiencing an undue hardship by providing the accommodation? Is there another effective accommodation both for the company and the employee? Is there another position to which the employee can be reassigned? You must engage the employee in an interactive process before unilaterally making decisions about termination or you could be at risk for a suit under the FEHA, or at least a 132a.
You asked, "Would they go out on TTD if we are unable to accommodate to their work restrictions?" See answer above.
More advice: Do not count on your claims examiner to properly advise you as their only stake in this is the workers' comp claim. The worlds of workers compensation and civil collide when an employee has a work restriction and their employment is at issue. You absolutely must engage that employee in the interactive process and make a good faith, documented effort to provide a reasonable accommodatin. Merely ticking off 12 months to alleviate the payout of voc rehab or a voucher is short sighted.
Take control over this. Get a well done essential functions job analysis; do the interactive process and kill 2 birds with one stone, ie., workers comp and FEHA/ADA.
Good luck
www.choiceresourcesgroup.com
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