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

2. Stay AT WORK
Return to work
Light duty
Transitional duty

3. Why?
F.S (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

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

5. 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

6. 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 (7)

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

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

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

10. 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

11. 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

12. Example 3:
53 year old physical education Teacher ; employed with District for 15 years
At the time of the accident he was making $ /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

13. Example 4:
47 year old Assistant Principal; employed with District for 23 years
At the time of the accident he was making $ /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

14. What do we do during the summer?

15. To pay or not to pay tpd

16. 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?

17. 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 (10)
Maximum medical improvement (MMI)

18. 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

19. 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?

20. Ptd
F.s (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

21. 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

22. 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)

23. What do you do with this employee?

24. 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

25. 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

26. Example 3:
53 year old physical education Teacher ; employed with District for 15 years
At the time of the accident he was making $ /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

27. Example 4:
47 year old Assistant Principal; employed with District for 23 years
At the time of the accident he was making $ /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