Light Duty vs. Modified Duty vs. Retirement Kelly Early, Manager of Claims

RCW 51.32.090(4)(b) Whenever the employer of injury requests that a worker who is entitled compensation benefits under this chapter be certified by an approved health care provider as able to perform available work other than his or her usual work, the employer shall furnish to the health care provider, with a copy to the worker, a statement describing the work available with the employer of injury in terms that will enable the provider to relate the physical activities of the job to the worker’s disability.

Light Duty Work is Performed Outside of the Employee’s Regular Job Duties Bus Driver Is Unable to Drive, But Can Work In Transportation Office The Workers’ Comp Trust Presents Job Analysis To Physician Once Medically Approved, The Trust Works With SD To Identify Temporary Light Duty Placement The Trust Extends To The Injured Worker A Bona Fide Written Job Offer Injured Worker Chooses To Accept Or Decline The Light Duty Work Assignment

Modified Duty Is An Accommodation Of A Worker’s Regularly Assigned Job Duties Is Most Often An Informal Method For Returning Injured Employees To Work Within The Restrictions Imposed By The Attending Health Care Provider It Most Often Does Not Require Approval Of A Formal Job Analysis It Most Often Does Not Require A Written Job Offer To The Worker

Upon Return to Work Review Work Restrictions with Employee Empower Employee to Work Within Medical Restrictions Discuss the Intent of Light Duty Work, e.g. to Transition Back to Regularly Assigned Job Consider Check-In Meetings with Injured Worker to Discuss Progress – Is Medical Condition Improving? Do with all injured workers upon return to work or none. It’s an all or nothing situation.

Retirement What To Do When An Injured Worker Is: Off Work Due To Work-Related Injury Working Light Duty or Modified Duty Working Full Time, Full Duty

Employer-Paid Health Care Benefits Does your school district have a standard practice in place that determines when employer-paid HCBs will end? Example: When employee is off work and has exhausted all leave (non-pay status), some school districts allow for continuation of employer-paid HCBs when the employee uses leave equivalent to 4 hours/day, 10 days/month. Promptly Notify the Trust When Employer-Paid HCB’s is Discontinued

Sick Leave “Buy-Back” Legislative Change in 2007 Sick Leave & Vacation Leave Is An Earned Benefit, Not Wages “Buy-Back” Must be Strictly Voluntary on the Part of the Worker; Cannot Be Mandated by Employer Policy or Collective Bargaining Agreement Worker Can Opt to Keep Both the Leave Benefit and the Time Loss Benefit In Rare Situations, You Might Use A Traditional Buy-Back Process WSSDA Policy No. 6530

Consider Adding Language To Your Shared Leave Request Form: Employee Is Not Eligible To Use Donated Sick Leave When Being Paid Workers’ Comp Time Loss Benefits. WAC 392.126.075 Consider Adding Language To Your Shared Leave Request Form: I do hereby acknowledge that I will be required to repay donated sick leave in the event it has been determined that I am eligible for time loss compensation under Title 51 RCW (the Industrial Insurance Act). “Buy-Back” Continued

Questions?