TRANSITIONAL DUTY EMPLOYMENT Karen C. Jackson Office of Risk Management Facilitator.

TRANSITIONAL DUTY EMPLOYMENT

Karen C. Jackson

Office of Risk

Management

Facilitator

Expected Workshop Goals

Reduce some of the high

costs of workers’

compensation

Expected Workshop Goals

A better understanding

of

Transitional Duty

Employment

Transitional Duty Employment

Reduce workers’ compensation costs

Workers’ Compensation

more effective

Workers’ Compensation Coverage

Injured workers entitled to– medical – indemnity

benefits

ORM Workers’ Comp Statistics

5000 active claims

1000 compensation checks

regularly

$48 mil on workers’compensation

Money comes directly from

agency budgets


Enables IW to go

from here


To here

Agency Concerns

Can’t take IW’S back to work unless full duty

Civil Service won’t let us

take IW’S back unless they

are at 100%

Dispel the Myths

Senate Concurrent Resolution No. 50 - 1997

Cooperation between– Department of

Civil Service

– Division of Administration

– Office of Risk Management

Formal return-to-workprogram for state

employees

Civil Service Circular No. 1290

July 9, 1997

Return-To-Work Policy

for classified Stateemployees

Civil Service Circular No. 1290

Allow state employeesinjured on job to come

back

to work – Light duty– Limited duty– Restricted duty

Pilot Program

Pinecrest DevelopmentalCenter

Highest volume of workers

compensation lost time claims

Highest workers’ compensation premiums

Pilot Program

Pinecrest developed transitional duty

policy

1 year pilot

Before Pilot Program

They ain’t gonna take me

back!

After Pilot Program

Pinecrest employeesreturned to work,

limited duty

Pilot Program

First six (6) months of transitional duty pilot

– 15% reduction of monthly indemnity pay-out

Pilot Program

36% reduction ofindemnity pay-out at

endof one (1) year

Pilot Program Beneficial

ORM sought legislative remedy to require state agencies to have

transitionalduty program

IW’S would be RTW once released by

treating physician

1999 - Senate bill 689

Gave ORM authority – develop and– administer

transitional duty program for state employees

R.S. 39:1547

Good for Louisiana

Took an act of legislation to get

thisdone

Related Legislation

R.S. 39:1543 Loss preventionaudit process

– Do state agencies have TD program?

– Are agencies actively trying to RTW IW’S back to work?

5% Premium Penalty

Failure to have policy

Failure to have transitional duty employment program

Failure to return IW’S back

to work once released

May affect outcome of safety

audit


ORM developedTransitional DutyProgram.

Administered by contract

vendor.

ORM’s Transitional Duty Policy

http://www.state.la.us/orm/pdf/tranduty.pdf

http://www.state.la.us/orm/pdf/tranduty.pdf


Mirror ORM’S TD policy or develop

own

Case Study

LaWanda

Case Study - LaWanda

Friends

Co-workers

Relatives


LaWanda got hurt on the

job and now she’s not

working

WHY?


Reason is simple—

LaWanda’s employerwon’t let her work


LaWanda’s doctor says

she can work


LaWanda

feels like she canwork


But --

LaWanda’s not working


Some background on

LaWanda


Help mentally deficient

residents with activities

of daily living


Pulled muscle in back 3

months ago

– and now LaWanda

can’t work


ORM starts workers’compensation

benefits


Conservative treatment Dr.

Mild for 3 months

Dr. Mild says LaWanda can

do something

Releases LaWanda to RTW

except… can’t lift over 25 pounds


LaWanda is so happy

she can go back to work


LaWanda takes supervisor

copy of RTW slip

– RTW slip has lifting restriction of no more than 25 pounds


Supervisor says, – “I can’t use you

LaWanda until you can come back to work full duty.”


Took all the wind out of

poor LaWanda


LaWanda goes home -gives bad news to

adjuster

Develops renewed interest: – The Young & The

Restless – Jerry Springer – Gardening


Because LaWanda’s not

allowed to work, restricted duty --

Compensation benefits

continue to be paid


LaWanda’s doctor doesn’t

see what the big deal is,

– As her doctor, he knows LaWanda can work


LaWanda doesn’t see what

the big deal is either,– She knows she

can work– She can do

everything her job requires her to do

• except the lifting


LaWanda’s supervisor doesn’t see what the big

dealis, either

– After all, LaWanda’s being paid workers’ comp anyway, right?

– What’s the big deal?!


The big deal is:once workers’compensation benefitsare started

– they continue until IW RTW or

– is released to RTW regular duties by treating physician

Rehabilitation of Injured Workers

If an IW unable to return

to previous work earning

90% or greater of pre-injury wage …


R. S. 23:1226

Employer must provide

rehabilitative services -job placement-retraining


Rehabilitation of IW’S

automatically adds an

additional $5,000 – $13,000to value of a claim.


Employers must make

every effort to returnIW’S back to work

Even if cannot return to

work full duty.


As long as IW off work– comp and medical

benefits continue

– these affect premiums


R.S. 23:1221(3)

IW entitled to supplemental

earnings benefits (SEB) if unable to earn 90% orgreater of pre-injury wage.


SEB based on 66 2/3

difference between pre-injury wage andwhat employee nowcapable of earning.


While this reduces benefits, benefits

are still being paid.


If the claim is settled

$30,000 - $40,000added to value of claim.


Only way to stoppayments

altogether


Return IW to work with

employer on transitional

duty


Transitional duty can be:– Job modification– Light duty– Restricted duty

Cut Workers’ Compensation Costs

Absolute must tokeeping workers’compensation costsdown


When IW sitting home

watching Dr. Phil


Commercial comes on

asking, – “Have you been

hurt on the job? – Call me, I’m a

lawyer, I can help.– I can get you top $

$ for your claim.”


This is how he does it

and

employers help IW’S attorney by not returning IW’S back

to work light duty

It Doesn’t Matter What It’s Called

Transitional Duty

Light Duty Restricted Duty

Modified Duty

Temporary Assignment

of Duties

Just Do It!

Whatever you call it, just

get ‘em back to work!

Absolute must for

keeping workers’

compensation costs

down.

Think About It

Would you like for your employee to sit here?

Think About It

Or here?

Think About It

When an employee is

home collecting a comp

check -

Think About It

The work piles up!!!

Somebody’s gotta do it

or it doesn’t get done

Successful Transitional Duty

Focus of Transitional Duty Employment

Focus on what the IW

CAN do


Do not focus on what IW

CANNOT do


Transitional Duty

Employment doesn’t

have to be nicest,

coolest, best job you

have to offer.


Exercise discretion and

caution in determining

the transitional duties to

be assigned.


Transitional duty

employment must not

lower the performance

standards and

expectations of the job as

a whole


Transitional duty

employment should not

establish a precedent

for a lower level of

duties and performance

that other employees

might then expect to be

applied to them


Transitional duty

employment should not

have the effect of

permanently lowering

the employee’s Civil

Service job title.


Department of Civil

Service, Program

Assistance Division

can give guidance in

evaluating transitional

duty employment.


Transitional Dutyfeasible

– IW released to some form of employment


Open mind of employer


Agency involvement

Employer must makeaccommodations when IW has been released

tosome form of restrictedduty


Commitment required at all

levels of agency– Management– Employees


Develop a Transitional

Duty Employment statement

Communicate with the injured worker


Do not work someone

outside of the restrictions– Leads to re-injury

– Make doctor take employee off work permanently


Modified job offers – identify tasks ahead of

time

– notify IW in writing

Job modification should

come in all sizes and shapes


A DEAL’S A DEAL.

Make sure job is open

and available when IW

returns to work

Transitional Duty Works

Effective in both public andprivate sector

18% decrease in disability costs

Keep productivity andemployee moral up

Get employee back into workenvironment as soon as

medically possible

RETURN TO WORK PAYS

Employer credibility– Employees– Medical

professionals– Attorneys

RETURN TO WORK PAYS

Attorneys can’t bluff

adjusters

RETURN TO WORK PAYS

Decreased medical cost

Decreased indemnity

costs

RETURN TO WORK PAYS OFF

Adjusters free toconcentrate onsubstantive claims handling


Litigation diminished


Employees are notseparated from the worksite

unnecessarily


Transitional DutyEmployment helps comply with ADA

Transitional Duty Works

It’s economical IW benefits: returned toa productive lifestyle

Employer benefits: no double encumbering

Return-to-work makesgood business senseIT’S A WIN – WIN

SITUATION

HANDOUT

Website information

• ORM website for workers’ comp forms:

http://www.doa.louisiana.gov/orm/formsCR.htm

• LDOL / OWCA’s website:

http://www.ldol.state.la.us/qm_formsindexdetail.asp?LookupValue=OWCA

• ISIS WEBSITE

http://www.doa.state.la.us/osis

http://www.doa.louisiana.gov/orm/formsCR.htm

Adjuster Assignments – p. 1

Contact Information

Contact me:Karen C. Jackson State Risk Claims

ManagerP. O. Box 91106

Baton Rouge, LA 70821-9106

225-342-7390 (p)225-342-4470 (f)

[email protected]

Are there any questions?

TRANSITIONAL DUTY EMPLOYMENT Karen C. Jackson Office of Risk Management Facilitator.

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Transcript of TRANSITIONAL DUTY EMPLOYMENT Karen C. Jackson Office of Risk Management Facilitator.