Stay at work policy and what to do after mmi Where do we go from here?

Stay AT WORK Return to work Light duty Transitional duty

Why? F.S. 440.15(4) provides for indemnity benefits for Temporary partial benefits 80% of the difference between 80% of the employee’s aww and salary, wages or other remuneration the employee is able to earn post-injury

Tpd Benefits Tpd is paid biweekly Exception: Employee refuses employment offered to or procured therefore no TPD unless JCC decides refusal is justifiable

Employee leaves employment Goes to another – Employee must give affidavit with information of other employer (name, address, wage information) and until affidavit provided, benefits cease

If employee leaves employment without just cause while receiving tpd, tpD shall be payable based on deemed earnings of the employee as if remained employed f. s. 440. 15(7)

Importance of staying at work Financial impact No tpd to pay Deemed earnings Do not need substitute/replacement Other impact welfare of employee Morale Employer goodwill

Stay at work policy? Do you have a policy? Do you have time limits for your policy? Ada compliance department?

Examples of transitional duties: What are your go to transitional duties??? (other than shredding!)

Example 1: 47 year old custodian; employed with District for 23 years/limited English language At the time of the accident he was making $795.00/week plus benefits Injured while emptying trash Medical treatment- lumbar fusion 2 levels neck/cervical fusion Restrictions No overhead reach over 20lbs No lift over 20lbs No carry over 20lbs No ladder climb

Example 2: 65 year old Bus attendant ; employed with District for 3 years At the time of the accident he was making $195.00/week plus benefits Injured in bus accident Medical treatment- cervical strain with degenerative disc disease Restrictions No overhead reach over 10lbs No lift over 20lbs No carry over 20lbs Limited range of motion of the neck

Example 3: 53 year old physical education Teacher ; employed with District for 15 years At the time of the accident he was making $1203.00/week plus benefits Injured while demonstrating wrestling take down Medical treatment- ankle fusion Restrictions No walking more than 15 minutes in an hour No lift over 20lbs No carry over 20lbs Sedentary work only

Example 4: 47 year old Assistant Principal; employed with District for 23 years At the time of the accident he was making $1500.00/week plus benefits Injured while breaking up fight in cafeteria Medical treatment- lumbar fusion 2 levels neck/cervical fusion/spinal cord stimulator Restrictions No overhead reach over 20lbs No lift over 20lbs No carry over 20lbs Sedentary work only; limit driving to no more than 15 minutes per hour

What do we do during the summer?

To pay or not to pay tpd

Did you think about: Language barrier? Do you have English language classes offered within your district? Can you partner with a neighboring district? Do you have partnership with goodwill or other nonprofit to hire? Are you limited by “cost center” budget?

Maximum medical improvement (MMI) Date of maximum medical improvement – means the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability. F.s. 440.02(10) Maximum medical improvement (MMI)

Fce - functional capacity evaluation Testing includes: Range of motion – neck, back, limbs Lifting/reaching/bending/kneeling Carrying Grip strength Walking Balance/sit/stand Measures physical abilities based on objective testing

What does your district do when the employee has work restrictions that prevent him/her from returning to pre-accident job duties? So now what?

Ptd F.s. 440.15(1) No compensation shall be payable under this section if employee is engaged in, or is physically capable of engaging in at least sedentary employment

PTD “List of horribles” Presumption Amputation Blindness Paralysis Brain injury burns In all other cases, employee must establish that he/she is not able to engage in at least sedentary employment, within a 50 mile radius of employee’s residence, due to physical limitation

Vocational evaluation: Age Education Work history Medical treatment/comorbidities Transferrable skills (what skills did you develop from prior work that you can use now?) Labor market survey Ergonomic accommodations (site visit)

What do you do with this employee?

Example 1: 47 year old custodian; employed with District for 23 years/limited English language At the time of the accident he was making $795.00/week plus benefits Injured while emptying trash Medical treatment- lumbar fusion 2 levels neck/cervical fusion Reached MMI on 6/1/2018 with permanent work restrictions No overhead reach over 20lbs No lift over 20lbs No carry over 20lbs No ladder climb

Example 2: 65 year old Bus attendant ; employed with District for 3 years At the time of the accident he was making $195.00/week plus benefits Injured in bus accident Medical treatment- cervical strain with degenerative disc disease Reached MMI on 6/1/2018 with permanent work restrictions No overhead reach over 10lbs No lift over 20lbs No carry over 20lbs Limited range of motion of the neck

Example 3: 53 year old physical education Teacher ; employed with District for 15 years At the time of the accident he was making $1203.00/week plus benefits Injured while demonstrating wrestling take down Medical treatment- ankle fusion Reached MMI on 6/1/2018 with permanent work restrictions No walking more than 15 minutes in an hour No lift over 20lbs No carry over 20lbs Sedentary work only

Example 4: 47 year old Assistant Principal; employed with District for 23 years At the time of the accident he was making $1500.00/week plus benefits Injured while breaking up fight in cafeteria Medical treatment- lumbar fusion 2 levels neck/cervical fusion/spinal cord stimulator Reached MMI on 6/1/2018 with permanent work restrictions No overhead reach over 20lbs No lift over 20lbs No carry over 20lbs Sedentary work only; limit driving to no more than 15 minutes per hour