W.C. – Vocational Rehabilitation

UCR-Ext.

4/17/02

 

Specific injury

                First thing employer does – medical attention

                                Second – call the claim in to insurer

 

                T.T.D.

*______|_____________________________| 90 days

 

                                Third – contact the injured employee

                                Benefits – start T.D. payments

                                                First three days can come from vacation unless hospitalized and missed up to 14 days at which time the vacation days would be reinstated

 

                                Paperwork – claim form

                                                RU-91 – Job Description, must be done within 90 days of Date of Injury

 

“From day one, you start talking to that employee about going back to work.”

 

                                                Send RU-91 to treating doctor

                                                RU-91 to be completed jointly by the employer and employee

 

RU-90 – Treating Physician’s Report of Disability Status

                The RU-90 is more used to see about potential of return to altered or modified duty work.

                It is not a final report of any sorts, though there is some reluctance to sign.

                It can be used to give temporary, light-duty restrictions.

 

Average cost to loss, cover, replace and retrain an even minimum wage job is about $17,000.

 

                Can attach other Job Description to RU-91.

                May need a Job Analysis to clarify.

                                Usually done from an independent/outside source.

                                Job Analysis and essential functions are different attacks of the issue… i.e. J.A. – how to guide, essential functions – what needs to get done.

 

                                                Return to Work                                                                                                                                                                                                                 Permanent with Restrictions

 

|90 days________|another 60 days_______________________________

 

If no agreement on Job Description, get a Job Analysis and submit it to the Rehab. Unit for review.

                Job Description to doctor every 60 days to respond to RU-90.

                During this time the employer can be exploring possibilities of modified or alternative work.

                                Only have 60 days to find modified or alternative work from the date doctor says they need it, i.e. doctor says unable to return to usual and customary work or offer vocational rehab.

 

*_________________________________________________

                unable to return to usual and customary work

               

1.                   modify the job ~> no vocational rehab.

 

The clock starts on vocational rehab. or alternative work at the first indication i.e. knowledge that the injured worker can’t return to usual and customary work.

 

Union rules can throw a different set of regulations to be aware of and work with.

 

2.                   alternate position ~> no vocational rehab.

So long as a. a regular position

b.                   lasting at least 12 months

i. caveat – if employer offers job in good faith and plant ends up closing within 12 months, injured worker entitled to vocational rehab., even if bankruptcy.

c.                    offers at least 85% of salary at the time of injury

d.                   physically appropriate

e.                    within reasonable geographic location

 

3.                   vocational rehab.

 

“Need to be pro-active on this stuff.”

 

If applicant is T.D., within the 10 days, employer can say we need an additional 30 days, we are working on it.

                Will have to pay T.D. at max. rate injured worker would be entitled to.

                Only a one-time extension deal.

                Parties can agree to go further with the time extension… then employer can pay at a possibly lower rate i.e. if an employee is retiring within a given time period and applicant would fit and like it… but if at the end of that time period nothing is actually available, then offer vocational rehab.

 

“Employer should make sure they are treating everyone the same.”

 

RU-94 – Offer of Alternate/Modified Work

                Within 10 day period

If offer made, applicant may

                ~> turn it down, then no vocational rehab.

                ~> says they don’t think they can do it, send Job Description to doctor to see if he thinks the applicant can do it.

 

“Angry people cost more money.”

 

F.E.H.A./A.D.A. – require intervention with applicant when exploring alternate/modified work.

1.                   Basically says you must look at alternate/modified work and not discriminate against a “disabled” person.

2.                   Employer must try to accommodate the “disability.”

3.                   Vocational rehab. doesn’t eliminate the requirement of the employer to look at reasonable accommodation.

4.                   Doesn’t have to be from work injury, can be from anywhere.

 

When injury reported, begin looking at alternate/modified work and start exploring options.  Contact with applicant is key; see how they feel, what they can do…

 

If applicant is off work 365 days (aggregate) they are presumed Q.I.W. (but it is rebuttable) and in need of vocational rehab.  Labor Code §§4636 and 4637

 

“Keep in mind what’s best for the injured worker.”

 

There is no form for declaring no alternate or modified work available, needs to be in writing.