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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.

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transitional duty employment
TRANSITIONAL DUTY EMPLOYMENT

Karen C. Jackson

Office of Risk

Management

Facilitator

expected workshop goals
Expected Workshop Goals

Reduce some of the high

costs of workers’

compensation

expected workshop goals3
Expected Workshop Goals

A better understanding

of

Transitional Duty

Employment

transitional duty employment4
Transitional Duty Employment

Reduce workers’

compensation costs

Workers’ Compensation

more effective

workers compensation coverage
Workers’ Compensation Coverage

Injured workers entitled to

  • medical
  • indemnity benefits
orm workers comp statistics
ORM Workers’ Comp Statistics

5000 active claims

1000 compensation checks

regularly

$48 mil on workers’

compensation

Money comes directly from

agency budgets

agency concerns
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%

senate concurrent resolution no 50 1997
Senate Concurrent Resolution No. 50 - 1997

Cooperation between

  • Department of Civil Service
  • Division of Administration
  • Office of Risk

Management

Formal return-to-work

program for state employees

civil service circular no 1290
Civil Service Circular No. 1290

July 9, 1997

Return-To-Work Policy

for classified State

employees

civil service circular no 129013
Civil Service Circular No. 1290

Allow state employees

injured on job to come back

to work

  • Light duty
  • Limited duty
  • Restricted duty
pilot program
Pilot Program

Pinecrest Developmental

Center

Highest volume of workers

compensation lost time

claims

Highest workers’

compensation premiums

pilot program15
Pilot Program

Pinecrest developed

transitional duty policy

1 year pilot

before pilot program
Before Pilot Program

They ain’t gonna take me

back!

after pilot program
After Pilot Program

Pinecrest employees

returned to work, limited

duty

pilot program18
Pilot Program

First six (6) months of

transitional duty pilot

  • 15% reduction of monthly indemnity pay-out
pilot program19
Pilot Program

36% reduction of

indemnity pay-out at end

of one (1) year

pilot program beneficial
Pilot Program Beneficial

ORM sought legislative

remedy to require state

agencies to have transitional

duty program

IW’S would be RTW

once released bytreating

physician

1999 senate bill 689
1999 - Senate bill 689

Gave ORM authority

  • develop

and

  • administer transitional duty program for state employees
r s 39 1547
R.S. 39:1547

Good for Louisiana

Took an act of

legislation to get this

done

related legislation
Related Legislation

R.S. 39:1543

Loss prevention

audit process

  • Do state agencies have TD program?
  • Are agencies actively trying to RTW IW’S back to work?
5 premium penalty
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

transitional duty employment25
Transitional Duty Employment

ORM developed

Transitional Duty

Program.

Administered by contract

vendor.

orm s transitional duty policy
ORM’s Transitional Duty Policy

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

transitional duty employment27
Transitional Duty Employment

Mirror ORM’S TD

policy or develop own

case study
Case Study

LaWanda

case study lawanda
Case Study - LaWanda

Friends

Co-workers

Relatives

case study lawanda30
Case Study - LaWanda

LaWanda got hurt on the

job and now she’s not

working

WHY?

case study lawanda31
Case Study - LaWanda

Reason is simple—

LaWanda’s employer

won’t let her work

case study lawanda32
Case Study - LaWanda

LaWanda’s doctor says

she can work

case study lawanda33
Case Study - LaWanda

LaWanda

feels like she can

work

case study lawanda34
Case Study - LaWanda

But --

LaWanda’s not working

case study lawanda35
Case Study - LaWanda

Some background on

LaWanda

case study lawanda36
Case Study - LaWanda

Help mentally deficient

residents with activities

of daily living

case study lawanda37
Case Study - LaWanda

Pulled muscle in back 3

months ago

  • and now LaWanda

can’t work

case study lawanda38
Case Study - LaWanda

ORM starts workers’

compensation benefits

case study lawanda39
Case Study - LaWanda

Conservative treatment Dr.

Mild for 3 months

Dr. Mild says LaWandacan

do something

Releases LaWanda to RTW

except…

can’t lift over 25 pounds

case study lawanda40
Case Study - LaWanda

LaWanda is so happy

she can go back to work

case study lawanda41
LaWanda takes supervisor

copy of RTW slip

RTW slip has lifting restriction of no more than 25 pounds

Case Study - LaWanda
case study lawanda42
Supervisor says,

“I can’t use you LaWanda until you can come back to work full duty.”

Case Study - LaWanda
case study lawanda43
Case Study - LaWanda

Took all the wind out of

poor LaWanda

case study lawanda44
Case Study - LaWanda

LaWanda goes home -

gives bad news to adjuster

Develops renewed interest:

  • The Young & The Restless
  • Jerry Springer
  • Gardening
case study lawanda45
Case Study - LaWanda

Because LaWanda’s not

allowed to work,

restricted duty --

Compensation benefits

continue to be paid

case study lawanda46
Case Study - LaWanda

LaWanda’s doctor doesn’t

see what the big deal is,

  • As her doctor, he knows LaWanda can work
case study lawanda47
Case Study - LaWanda

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
case study lawanda48
Case Study - LaWanda

LaWanda’s supervisor

doesn’t see what the big deal

is, either

  • After all, LaWanda’s being paid workers’ comp anyway, right?
  • What’s the big deal?!
transitional duty employment49
Transitional Duty Employment

The big deal is:

once workers’

compensation benefits

are started

  • they continue until IW RTW or
  • is released to RTW regular duties by treating physician
rehabilitation of injured workers
Rehabilitation of Injured Workers

If an IW unable to return

to previous work earning

90% or greater of

pre-injury wage …

rehabilitation of injured workers51
Rehabilitation of Injured Workers

R. S. 23:1226

Employer must provide

rehabilitative services

-job placement

-retraining

rehabilitation of injured workers52
Rehabilitation of Injured Workers

Rehabilitation of IW’S

automatically adds an

additional $5,000 –

$13,000

to value of a claim.

rehabilitation of injured workers53
Rehabilitation of Injured Workers

Employers must make

every effort to return

IW’S back to work

Even if cannot return to

work full duty.

rehabilitation of injured workers54
Rehabilitation of Injured Workers

As long as IW off work

  • comp and medical benefits continue
  • these affect premiums
transitional duty employment55
Transitional Duty Employment

R.S. 23:1221(3)

IW entitled to

supplemental earnings

benefits (SEB) if

unable to earn 90% or

greater of pre-injury

wage.

transitional duty employment56
Transitional Duty Employment

SEB based on 66 2/3

difference between

pre-injury wage and

what employee now

capable of earning.

transitional duty employment57
Transitional Duty Employment

While this reduces

benefits, benefits are still

being paid.

rehabilitation of injured workers58
Rehabilitation of Injured Workers

If the claim is settled

$30,000 - $40,000

added to value of

claim.

transitional duty employment59
Transitional Duty Employment

Only way to stop

payments altogether

transitional duty employment60
Transitional Duty Employment

Return IW to work with

employer on transitional

duty

transitional duty employment61
Transitional Duty Employment

Transitional duty can be:

  • Job modification
  • Light duty
  • Restricted duty
cut workers compensation costs
Cut Workers’ Compensation Costs

Absolute must to

keeping workers’

compensation costs

down

transitional duty employment63
Transitional Duty Employment

When IW sitting home

watching Dr. Phil

transitional duty employment64
Transitional Duty Employment

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 yourclaim.”
transitional duty employment65
Transitional Duty Employment

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
It Doesn’t Matter What It’s Called

Transitional Duty

Light Duty

Restricted Duty

Modified Duty

Temporary Assignment

of Duties

just do it
Just Do It!

Whatever you call it, just

get ‘em back to work!

Absolute must for

keeping workers’

compensation costs

down.

think about it70
Think About It

When an employee is

home collecting a comp

check -

think about it71
Think About It

The work piles up!!!

Somebody’s gotta do it

or it doesn’t get done

focus of transitional duty employment74
Focus of Transitional Duty Employment

Do not focus on what IW

CANNOT do

focus of transitional duty employment75
Focus of Transitional Duty Employment

Transitional Duty

Employment doesn’t

have to be nicest,

coolest, best job you

have to offer.

successful transitional duty76
Successful TransitionalDuty

Exercise discretion and

caution in determining

the transitional duties to

be assigned.

successful transitional duty77
Successful TransitionalDuty

Transitional duty

employment must not

lower the performance

standards and

expectations of the job as

a whole

successful transitional duty78
Successful TransitionalDuty

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

successful transitional duty79
Successful TransitionalDuty

Transitional duty

employment should not

have the effect of

permanently lowering

the employee’s Civil

Service job title.

successful transitional duty80
Successful TransitionalDuty

Department of Civil

Service, Program

Assistance Division

can give guidance in

evaluating transitional

duty employment.

successful transitional duty81
Successful TransitionalDuty

Transitional Duty

feasible

  • IW released to some form of employment
successful transitional duty82
Successful TransitionalDuty

Open mind of employer

successful transitional duty83
Successful TransitionalDuty

Agency involvement

Employer must make

accommodations when

IW has been released to

some form of restricted

duty

successful transitional duty84
Successful TransitionalDuty

Commitment required at all levels of agency

  • Management
  • Employees
successful transitional duty85
Successful TransitionalDuty

Develop a Transitional

Duty Employment

statement

Communicate with the injured worker

successful transitional duty86
Successful TransitionalDuty

Do not work someone

outside of the restrictions

  • Leads to re-injury
  • Make doctor take employee off work permanently
successful transitional duty87
Successful TransitionalDuty

Modified job offers

  • identify tasks ahead of time
  • notify IW in writing

Job modification should

come in all sizes and

shapes

successful transitional duty88
Successful TransitionalDuty

A DEAL’S A DEAL.

Make sure job is open

and available when IW

returns to work

transitional duty works
Transitional Duty Works

Effective in both public and

private sector

18% decrease in disability

costs

Keep productivity and

employee moral up

Get employee back into work

environment as soon as medically

possible

return to work pays
RETURN TO WORK PAYS

Employer credibility

  • Employees
  • Medical professionals
  • Attorneys
return to work pays91
RETURN TO WORK PAYS

Attorneys can’t bluff

adjusters

return to work pays off
RETURN TO WORK PAYS OFF

Adjusters free to

concentrate on

substantive claims

handling

return to work pays off94
RETURN TO WORK PAYS OFF

Litigation diminished

return to work pays off95
RETURN TO WORK PAYS OFF

Employees are not

separated from the

worksite unnecessarily

return to work pays off96
RETURN TO WORK PAYS OFF

Transitional Duty

Employment helps

comply with ADA

transitional duty works97
Transitional Duty Works

It’s economical

IW benefits: returned to

a productive lifestyle

Employer benefits: no

double encumbering

Return-to-work makes

good business sense

IT’S A WIN – WIN SITUATION

website information
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

contact information
Contact Information

Contact me:

Karen C. Jackson

State Risk Claims Manager

P. O. Box 91106

Baton Rouge, LA 70821-9106

225-342-7390 (p)

225-342-4470 (f)

[email protected]

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