Workman's Compensation- light duty

Reggie · May 2001

I am looking for information on "light duty" to allow employees to come back to work on a less than "full strength" basis. We do not currently have a light duty policy but are interested in implementing one. Do you create the light duty position on a case by case basis? and if so, is there any regulations in ADA that I should be aware of that would apply to workman's compensation?

Big D · May 2001

Re: light duty or modified work. I sugget you accumulate a list of different types of tasks, things that need doing, but no one ever has time for. Then, when you have an injured worker, match their particular disability or work limitations to what you have available. ADA does not treat a workers' comp. injury differently from any other disability, so you just need to "reasonably" accomodate the employee's condition.

Esteve · July 2001

I have had a problem in this area. If you have a list of jobs, the employee can take the list to the Doctor and the Doctor can dictate what the employee can and cannot perform. Now, if the employee does not want to work, he/she can say a certain job hurts or all the jobs hurt him/her. What we have done is to find out what the restrictions are and then, create jobs to fit those restrictions. In this way, we have work that the employee is able to preform.

DB · May 2001

We have a light duty policy and are rethinking it due to the following case: A police officer was injuried on the job, was off work for 19 weeks, came back light duty for 30 weeks, and has been off ever since due to the original injury. Per IL law, the officer can be terminiated after one year but no one can tell us if it's one year of not performing the full job or one year of WC payments.

Morale of the story: If the police chief finds out it's one year of WC payments there will probably be no more light duty in that area.

WC is a new area for me and I'd love to hear more about light duty.

tom · June 2001

I believe with Workers Comp cases, you have to examine each individually.
But we have always had a light duty policy whereby we could guarantee that the injured worker would have no more risk than they would being at home. Everybody bought into this and we have been always able to come up with some duties that an injured person can perform. But now we have a case with a maintenance worker who appears to be looking for any possible way to beat the system and go off on WC to get some award. Has allegedly succeeded in the past with a different employer with a previous knee injury. In January he claimed he injured his shoulder- we couldn't really dispute- he realized shortly thereafter that his best way to a WC award was with his knee- again had an un witnessed injury where he twisted his knee- MRI results were negative, but the employee continues to complain and because MRI's apparently do not produce 100% accurate results, the physician will probably end up scoping the knee,which is what the employee is willing to undergo, from what I suspect. This seems to be a classic case- he showed up at the last dr. appt. with a cane;- our WC insurer has a private investigator on the case- our dilemma is whether to terminate him now( has been off longer than 12 weeks as req'd by our policy)- or create a light duty position now that the doctor has cleared him of such- it appears that the doctor and evryone else including his co-workers think this ios all a big scheme to get an award- supposed had received a large sum of $$ in the past with another employer as we now hear. If we get him back light duty, we either may get him to think about returning to his normal duties once finally cleared by his doctor-
Would appreciate any advise from anyone who has had a similiar situation.

our company is debating what avenue to take- the doctor in response to the MRI results, has
cleared him for light duty-

Margaret Morford · June 2001

I have good language for a light duty policy that I will send you. Companies are very concerned about creating "light duty" for life, so many do not offer it for that reason. I recommend offering it so that people do not get used to being off work. You need to make the parameters very clear. I'll send you the policy if you will send me your e-mail or call me at 615-371-8200.

Margaret Morford
theHRedge

John · July 2001

Margaret: any chance that I could get your policy, too? My employer's current program is haphazard at best. I'd like to offer some ideas to make it consistent and effective. Thanks for your consideration! John

>I have good language for a light duty policy that I will send you.
>Companies are very concerned about creating "light duty" for life, so
>many do not offer it for that reason. I recommend offering it so that
>people do not get used to being off work. You need to make the
>parameters very clear. I'll send you the policy if you will send me
>your e-mail or call me at 615-371-8200.
>
>Margaret Morford
>theHRedge

Margaret Morford · July 2001

John,

I'd be delighted to send it to you, but I don't have your e-mail address. If you will contact me either by phone (615-371-8200) or e-mail (mmorford@mleesmith.com), I'll send it to you.

Margaret Morford
theHRedge

Holly · November 2001

[font size="1" color="#FF0000"]LAST EDITED ON 11-28-01 AT 12:27PM (CST)[/font][p]Margaret,

I would like a copy of the "Light Duty" policy as well. We are in the process of revamping our Policy Manual and this is an area that is not presently addressed.

Thank You,

Holly Paine
Personnel Manager
[email]hpaine@perdidobeachresort.com[/email]

MardiM · August 2002

>[font size="1" color="#FF0000"]LAST EDITED ON 11-28-01 AT
>12:27 PM (CST)[/font]
>
>Margaret,
>
>I would like a copy of the "Light Duty" policy as well. We are in the
>process of revamping our Policy Manual and this is an area that is not
>presently addressed.
>
>Thank You,
>
>Holly Paine
>Personnel Manager
>hpaine@perdidobeachresort.com

Margaret,
I too would like a copy of the "Light Duty" policy as well. In addition, do you have any information concerning how often an employer can demand more medical information about an employee's injury i.e., request of diagnosis and prognosis, especially if the treating physician does not specifcally answers the employer's concerns.

Please send your valuable information to my email: [email]rmmae@att.net[/email]
Thank you

qsausagelm · July 2001

I would like to have a copy of your light duty policy. We utilize it extensively, but don't have a written policy. Thanks. [email]qsausagelm@aol.com[/email]

fayewells · September 2002

I too would like a copy.

Margaret Morford · September 2002

I'll be glad to send it to you, but I need your e-mail address. Why don't you e-mail me so that you don't have to post your e-mail address on the Forum? I'll send it to you by return e-mail.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

NancyJo · August 2001

I, too, would like a copy of your policy. My email address is [url]www.nancyd@wwmf.com[/url]. Thank you!

Aletha · July 2002

I would also like to have a copy of your light duty policy
[email]aletha@personnelstaffing.com[/email]

CHEISER · August 2001

PLEASE SEND ME YOUR LANGUAGE FOR LIGHT DUTY TO [email]cindy@eharwood.com[/email]
THANKS

Branigan · August 2001

Margaret, could you please send me a copy of your policy as well. My e-mail is [email]branigan2001@yahoo.com[/email]
Thank you.
Susan Branigan
Braniz Research

jimmy jones · December 2001

Margaret,
Please send me a copy of your light duty policy/language.
We currently have the policy in place,but it could use some fine tuning.
Thanks, and MERRY CHRISTMAS!!!
My e-mail is [email]jimmy.jones@tyson.com[/email]

dwf · January 2002

Margaret, please send me your light duty language. Thanks.

Davida Foley
[email]davida.foley@ey.com[/email]
fax: 336-662-6645

Magestry · January 2002

Margaret,
Please send me a copy of your light duty policy [email]Magestry33010@yahoo.com[/email] or fax 305-507-1414. We are putting one together and would like to see different samples.
Thanks

System · January 2002

Margaret,

Just ran across your comments on light duty policy. We have a total RTW light duty policy, however we don't have it written in specifics. It's in our handbook and our safety policy, both of which new hires sign receipts for, but perhaps it should be spelled out to avoid the make-work issue and possible ADA complications. Please send me a copy via e-mail if possible. Thanks Butch

Margaret Morford · January 2002

Butch,

I'd be glad to send you a copy, but I don't have your e-mail address. Why don't you e-mail me (my address is below) and I will send it to you by return e-mail?

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

KStater · May 2002

[font size="1" color="#FF0000"]LAST EDITED ON 05-15-02 AT 10:38AM (CST)[/font][p]Margaret,
I'm just now coming across this posting from June 2001 about language for a light duty policy. Our procedure has been pretty haphazard, but I'd like to get it formalized. Could you please send me the example that you use? My e-mail address is [email]phurd@kcnet.com[/email]. Thank you!

Nevada · September 2003

I too would like a copy. My e-mail address is [email]lconrad@associatedreporters.com[/email]
Thank you!!!!!!

Tricia · July 2001

In your case, I would have my worker's comp carrier do surveillance on this guy. I had a similar case a few years back at another company where a woman injured her back. We were able to bring her back to her regular job which was as light duty as they come, but she could only work 4 hours/day (per doc's orders). She was working around 1 - 2 hours a day and then complaining of pain and leaving to go home. Our w/c carrier got very suspicious as did our company. They decided to hire a private investigator who was able to watch her from home, etc. Turns out this woman was able to plant flowers, work in her yard, go shopping, etc. Through arbitration, we were able to settle with her for a small amount and request her resignation at the same time. It was the best for this situation.

CuriousG · January 2002

Tricia-I know what you mean. I had a maintenance man at a previous employer who faked a fall from a step ladder and a back injury. We later found out we later found he had a history of this kind of thing with a string of employers.

We put survelliance on him for months, with no success. However, his own ego did him in. Turns out he lived in a small rural community, and to get fire insurance he had to join the local volunteer fire department.

On Christmas Eve that year, a section of mainstreet in his town burned to the ground. My "injured" employee was interviewed on all three local 10 PM news programs. He described in a voice-over to video footage, how he climbed a boom ladder, with a fully charged 4 inch hose. My injured employee pointed out how he sprayed down the back wall of a two story building and that it usually was a two man job, but they were short handed so he had to work by himself. The really great part is he actually introduced himself, using his own name, at the start of the interview!

Needless to say, we immediately obtained copies of all three video clips. I scheduled a meeting with our Comp Attorney, and the Employee's counsel for December 26. I believe both the claimant and the attorney ended up doing time for that fraud.

Pat Dalton · July 2001

We have a formal Limited Duty Policy (3 Phases) that has been successful since 1986. Phase I and II are related to Workers Comp and Phase III is for ADA cases that are not work related. I will be happy to share them with you.

I would caution you NOT to develop light duty jobs on a "case by case" basis in Workers Comp because it would likely be labeled "make work" by a plaintiff's attorney. If you let the employee work in the light duty job for a number of months, it could be considered a reasonable accommodation under ADA and as such, you could be forced to make it permanent. Instead you should have some pre-designated "TEMPORARY" jobs developed particularly for "light duty" situations and then suit the worker to the appropriate job. Our program is comprehensive but has saved us a great deal of money and lost time over the years.

Ginger P · July 2001

We offer light duty to our injured workers and most of the time, it gets the employee back to work quickly. However, we have a few that stay on light duty & become totally unmotivated to return to "real work". Can I limit the amount of time for light duty? How do I put that in a policy?

Margaret Morford · July 2001

I would limit light duty assignments to 90 days. At 90 days look and see if the person has suddenly become ADA qualified. Then examine whether they would need a reasonable accomodation.

Margaret Morford
theHRedge

tfevergrn · March 2002

Margaret,

When an employee is working modified duty, can you adjust their rate of pay, since they are not performing all the duties of their hired position?

Margaret Morford · March 2002

Your state WC laws are going to govern that. However, I really recommend not cutting the emplyee's pay rate it even if your state allows for it. It creates bad feeling about the company, particularly since the employee was hurt while doing his/her job for the company. It also really reduces the incentive the employee has to come back to work, which in turn makes him/her exaggerate his/her symptoms to stay out of work.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Workman's Compensation- light duty

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