Transitional duty employment
1 / 104

- PowerPoint PPT Presentation

  • Updated On :

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.

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about '' - crete

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Transitional duty employment l.jpg

Karen C. Jackson

Office of Risk



Expected workshop goals l.jpg
Expected Workshop Goals

Reduce some of the high

costs of workers’


Expected workshop goals3 l.jpg
Expected Workshop Goals

A better understanding


Transitional Duty


Transitional duty employment4 l.jpg
Transitional Duty Employment

Reduce workers’

compensation costs

Workers’ Compensation

more effective

Workers compensation coverage l.jpg
Workers’ Compensation Coverage

Injured workers entitled to

  • medical

  • indemnity benefits

Orm workers comp statistics l.jpg
ORM Workers’ Comp Statistics

5000 active claims

1000 compensation checks


$48 mil on workers’


Money comes directly from

agency budgets

Transitional duty employment7 l.jpg

Enables IW to go

from here

Transitional Duty Employment

Agency concerns l.jpg
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 l.jpg
Senate Concurrent Resolution No. 50 - 1997

Cooperation between

  • Department of Civil Service

  • Division of Administration

  • Office of Risk


    Formal return-to-work

    program for state employees

Civil service circular no 1290 l.jpg
Civil Service Circular No. 1290

July 9, 1997

Return-To-Work Policy

for classified State


Civil service circular no 129013 l.jpg
Civil Service Circular No. 1290

Allow state employees

injured on job to come back

to work

  • Light duty

  • Limited duty

  • Restricted duty

Pilot program l.jpg
Pilot Program

Pinecrest Developmental


Highest volume of workers

compensation lost time


Highest workers’

compensation premiums

Pilot program15 l.jpg
Pilot Program

Pinecrest developed

transitional duty policy

1 year pilot

Before pilot program l.jpg
Before Pilot Program

They ain’t gonna take me


After pilot program l.jpg
After Pilot Program

Pinecrest employees

returned to work, limited


Pilot program18 l.jpg
Pilot Program

First six (6) months of

transitional duty pilot

  • 15% reduction of monthly indemnity pay-out

Pilot program19 l.jpg
Pilot Program

36% reduction of

indemnity pay-out at end

of one (1) year

Pilot program beneficial l.jpg
Pilot Program Beneficial

ORM sought legislative

remedy to require state

agencies to have transitional

duty program

IW’S would be RTW

once released bytreating


1999 senate bill 689 l.jpg
1999 - Senate bill 689

Gave ORM authority

  • develop


  • administer transitional duty program for state employees

R s 39 1547 l.jpg
R.S. 39:1547

Good for Louisiana

Took an act of

legislation to get this


Related legislation l.jpg
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 l.jpg
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


Transitional duty employment25 l.jpg
Transitional Duty Employment

ORM developed

Transitional Duty


Administered by contract


Orm s transitional duty policy l.jpg
ORM’s Transitional Duty Policy

Transitional duty employment27 l.jpg
Transitional Duty Employment

Mirror ORM’S TD

policy or develop own

Case study l.jpg
Case Study


Case study lawanda l.jpg
Case Study - LaWanda




Case study lawanda30 l.jpg
Case Study - LaWanda

LaWanda got hurt on the

job and now she’s not



Case study lawanda31 l.jpg
Case Study - LaWanda

Reason is simple—

LaWanda’s employer

won’t let her work

Case study lawanda32 l.jpg
Case Study - LaWanda

LaWanda’s doctor says

she can work

Case study lawanda33 l.jpg
Case Study - LaWanda


feels like she can


Case study lawanda34 l.jpg
Case Study - LaWanda

But --

LaWanda’s not working

Case study lawanda35 l.jpg
Case Study - LaWanda

Some background on


Case study lawanda36 l.jpg
Case Study - LaWanda

Help mentally deficient

residents with activities

of daily living

Case study lawanda37 l.jpg
Case Study - LaWanda

Pulled muscle in back 3

months ago

  • and now LaWanda

    can’t work

Case study lawanda38 l.jpg
Case Study - LaWanda

ORM starts workers’

compensation benefits

Case study lawanda39 l.jpg
Case Study - LaWanda

Conservative treatment Dr.

Mild for 3 months

Dr. Mild says LaWandacan

do something

Releases LaWanda to RTW


can’t lift over 25 pounds

Case study lawanda40 l.jpg
Case Study - LaWanda

LaWanda is so happy

she can go back to work

Case study lawanda41 l.jpg

LaWanda takes supervisor

copy of RTW slip

RTW slip has lifting restriction of no more than 25 pounds

Case Study - LaWanda

Case study lawanda42 l.jpg

Supervisor says,

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

Case Study - LaWanda

Case study lawanda43 l.jpg
Case Study - LaWanda

Took all the wind out of

poor LaWanda

Case study lawanda44 l.jpg
Case Study - LaWanda

LaWanda goes home -

gives bad news to adjuster

Develops renewed interest:

  • The Young & The Restless

  • Jerry Springer

  • Gardening

Case study lawanda45 l.jpg
Case Study - LaWanda

Because LaWanda’s not

allowed to work,

restricted duty --

Compensation benefits

continue to be paid

Case study lawanda46 l.jpg
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 l.jpg
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 l.jpg
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 l.jpg
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 l.jpg
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 l.jpg
Rehabilitation of Injured Workers

R. S. 23:1226

Employer must provide

rehabilitative services

-job placement


Rehabilitation of injured workers52 l.jpg
Rehabilitation of Injured Workers

Rehabilitation of IW’S

automatically adds an

additional $5,000 –


to value of a claim.

Rehabilitation of injured workers53 l.jpg
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 l.jpg
Rehabilitation of Injured Workers

As long as IW off work

  • comp and medical benefits continue

  • these affect premiums

Transitional duty employment55 l.jpg
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


Transitional duty employment56 l.jpg
Transitional Duty Employment

SEB based on 66 2/3

difference between

pre-injury wage and

what employee now

capable of earning.

Transitional duty employment57 l.jpg
Transitional Duty Employment

While this reduces

benefits, benefits are still

being paid.

Rehabilitation of injured workers58 l.jpg
Rehabilitation of Injured Workers

If the claim is settled

$30,000 - $40,000

added to value of


Transitional duty employment59 l.jpg
Transitional Duty Employment

Only way to stop

payments altogether

Transitional duty employment60 l.jpg
Transitional Duty Employment

Return IW to work with

employer on transitional


Transitional duty employment61 l.jpg
Transitional Duty Employment

Transitional duty can be:

  • Job modification

  • Light duty

  • Restricted duty

Cut workers compensation costs l.jpg
Cut Workers’ Compensation Costs

Absolute must to

keeping workers’

compensation costs


Transitional duty employment63 l.jpg
Transitional Duty Employment

When IW sitting home

watching Dr. Phil

Transitional duty employment64 l.jpg
Transitional Duty Employment

Commercial comes on


  • “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 l.jpg
Transitional Duty Employment

This is how he does it


employers help IW’S

attorney by not

returning IW’S back to

work light duty

It doesn t matter what it s called l.jpg
It Doesn’t Matter What It’s Called

Transitional Duty

Light Duty

Restricted Duty

Modified Duty

Temporary Assignment

of Duties

Just do it l.jpg
Just Do It!

Whatever you call it, just

get ‘em back to work!

Absolute must for

keeping workers’

compensation costs


Think about it69 l.jpg
Think About It

Or here?

Think about it70 l.jpg
Think About It

When an employee is

home collecting a comp

check -

Think about it71 l.jpg
Think About It

The work piles up!!!

Somebody’s gotta do it

or it doesn’t get done

Focus of transitional duty employment l.jpg

Focus on what the IW

CAN do

Focus of Transitional Duty Employment

Focus of transitional duty employment74 l.jpg
Focus of Transitional Duty Employment

Do not focus on what IW


Focus of transitional duty employment75 l.jpg
Focus of Transitional Duty Employment

Transitional Duty

Employment doesn’t

have to be nicest,

coolest, best job you

have to offer.

Successful transitional duty76 l.jpg
Successful TransitionalDuty

Exercise discretion and

caution in determining

the transitional duties to

be assigned.

Successful transitional duty77 l.jpg
Successful TransitionalDuty

Transitional duty

employment must not

lower the performance

standards and

expectations of the job as

a whole

Successful transitional duty78 l.jpg
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 l.jpg
Successful TransitionalDuty

Transitional duty

employment should not

have the effect of

permanently lowering

the employee’s Civil

Service job title.

Successful transitional duty80 l.jpg
Successful TransitionalDuty

Department of Civil

Service, Program

Assistance Division

can give guidance in

evaluating transitional

duty employment.

Successful transitional duty81 l.jpg
Successful TransitionalDuty

Transitional Duty


  • IW released to some form of employment

Successful transitional duty82 l.jpg
Successful TransitionalDuty

Open mind of employer

Successful transitional duty83 l.jpg
Successful TransitionalDuty

Agency involvement

Employer must make

accommodations when

IW has been released to

some form of restricted


Successful transitional duty84 l.jpg
Successful TransitionalDuty

Commitment required at all levels of agency

  • Management

  • Employees

Successful transitional duty85 l.jpg
Successful TransitionalDuty

Develop a Transitional

Duty Employment


Communicate with the injured worker

Successful transitional duty86 l.jpg
Successful TransitionalDuty

Do not work someone

outside of the restrictions

  • Leads to re-injury

  • Make doctor take employee off work permanently

Successful transitional duty87 l.jpg
Successful TransitionalDuty

Modified job offers

  • identify tasks ahead of time

  • notify IW in writing

    Job modification should

    come in all sizes and


Successful transitional duty88 l.jpg
Successful TransitionalDuty


Make sure job is open

and available when IW

returns to work

Transitional duty works l.jpg
Transitional Duty Works

Effective in both public and

private sector

18% decrease in disability


Keep productivity and

employee moral up

Get employee back into work

environment as soon as medically


Return to work pays l.jpg

Employer credibility

  • Employees

  • Medical professionals

  • Attorneys

Return to work pays91 l.jpg

Attorneys can’t bluff


Return to work pays92 l.jpg

Decreased medical cost

Decreased indemnity



Return to work pays off l.jpg

Adjusters free to

concentrate on

substantive claims


Return to work pays off94 l.jpg

Litigation diminished

Return to work pays off95 l.jpg

Employees are not

separated from the

worksite unnecessarily

Return to work pays off96 l.jpg

Transitional Duty

Employment helps

comply with ADA

Transitional duty works97 l.jpg
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


Website information l.jpg
Website information

  • ORM website for workers’ comp forms:

  • LDOL / OWCA’s website:


Contact information l.jpg
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]