W.C. Rehab. 5.1.02

 

D.O.I              

*___|_______|_________|________|__________|_________|_________|________

        3 days     30 days      90 days    120 days      150 days     210 days     365 days

| E/R med. Control|                        RU-91 to doc.RU-90 from doc.RU-91 to doc.

|E/R has to accept or deny claim   |

|       should look for alt/mod work|

|E/E has to file Claim                                                                                                                           |

|       missed aggregate work due to work injury E/E is assumed to need voc. rehab. services           |

 

E/R has 10 days to offer alt/mod work from time doc. says no return to usual and customary work with restrictions maybe – RU-94.

            ~> could get 30 day extension, but pay T.D.

            ~> parties could agree to further time, but no excess pay or offer voc. rehab.

                        E/E has 30 days to accept or deny offer of alt/mod work.

                                    ~> if denied good faith offer, E/E not eligible for voc. rehab.

            ~> E/R then has another 10 days to get the case to a rehab. counselor.

 

“E/Rs have figured out it is (alt/mod work) cheaper.”

            Estimated that about 30% of employees return via alt/mod work.

 

Things the E/R can control: Job Description, getting Job Description to the doctor timely, and exploring alt/mod work options early.

 

“If you want to protect yourself, you have input, you respond to these things.”

 

Fed. – A.D.A. – was to bring people with disabilities into the work force.

                        ~> has been more used to aid people with disabilities to keep their jobs.

                        1991 – 30 implementation

           

            Title I – accessibility – environment

            Title II – public services

            Title III – public places

            Title IV – employment

            Title V – telecommunications

 

            “You have to be very careful about discriminating based on your perception of a person’s disability.”

 

            “Some of the easiest accommodations are free… sometimes it is just a matter of common sense.”

 

            Job Accommodation Network – website

 

Cal. – F.E.H.A. – tremendously liberal

 

Fed. – F.M.L.A. – E/R must have 50 or more employees

 

            “It protects your job and your benefits.”

 

            ~> technically the E/E has to ask for this benefit

 

            Sometimes Workers’ Compensation benefits first charged to this benefit.

           

            “It is a very confusing mix.”

 

            The coordination of all of these benefits is called disability management.

 

            “Workers’ Compensation does not work in a vacuum.”