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.