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

  2. Expected Workshop Goals Reduce some of the high costs of workers’ compensation

  3. Expected Workshop Goals A better understanding of Transitional Duty Employment

  4. Transitional Duty Employment Reduce workers’ compensation costs Workers’ Compensation more effective

  5. Workers’ Compensation Coverage Injured workers entitled to • medical • indemnity benefits

  6. ORM Workers’ Comp Statistics 5000 active claims 1000 compensation checks regularly $48 mil on workers’ compensation Money comes directly from agency budgets

  7. Enables IW to go from here Transitional Duty Employment

  8. Transitional Duty Employment To here

  9. 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%

  10. Dispel the Myths

  11. 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

  12. Civil Service Circular No. 1290 July 9, 1997 Return-To-Work Policy for classified State employees

  13. Civil Service Circular No. 1290 Allow state employees injured on job to come back to work • Light duty • Limited duty • Restricted duty

  14. Pilot Program Pinecrest Developmental Center Highest volume of workers compensation lost time claims Highest workers’ compensation premiums

  15. Pilot Program Pinecrest developed transitional duty policy 1 year pilot

  16. Before Pilot Program They ain’t gonna take me back!

  17. After Pilot Program Pinecrest employees returned to work, limited duty

  18. Pilot Program First six (6) months of transitional duty pilot • 15% reduction of monthly indemnity pay-out

  19. Pilot Program 36% reduction of indemnity pay-out at end of one (1) year

  20. 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

  21. 1999 - Senate bill 689 Gave ORM authority • develop and • administer transitional duty program for state employees

  22. R.S. 39:1547 Good for Louisiana Took an act of legislation to get this done

  23. 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?

  24. 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

  25. Transitional Duty Employment ORM developed Transitional Duty Program. Administered by contract vendor.

  26. ORM’s Transitional Duty Policy

  27. Transitional Duty Employment Mirror ORM’S TD policy or develop own

  28. Case Study LaWanda

  29. Case Study - LaWanda Friends Co-workers Relatives

  30. Case Study - LaWanda LaWanda got hurt on the job and now she’s not working WHY?

  31. Case Study - LaWanda Reason is simple— LaWanda’s employer won’t let her work

  32. Case Study - LaWanda LaWanda’s doctor says she can work

  33. Case Study - LaWanda LaWanda feels like she can work

  34. Case Study - LaWanda But -- LaWanda’s not working

  35. Case Study - LaWanda Some background on LaWanda

  36. Case Study - LaWanda Help mentally deficient residents with activities of daily living

  37. Case Study - LaWanda Pulled muscle in back 3 months ago • and now LaWanda can’t work

  38. Case Study - LaWanda ORM starts workers’ compensation benefits

  39. 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

  40. Case Study - LaWanda LaWanda is so happy she can go back to work

  41. LaWanda takes supervisor copy of RTW slip RTW slip has lifting restriction of no more than 25 pounds Case Study - LaWanda

  42. Supervisor says, “I can’t use you LaWanda until you can come back to work full duty.” Case Study - LaWanda

  43. Case Study - LaWanda Took all the wind out of poor LaWanda

  44. Case Study - LaWanda LaWanda goes home - gives bad news to adjuster Develops renewed interest: • The Young & The Restless • Jerry Springer • Gardening

  45. Case Study - LaWanda Because LaWanda’s not allowed to work, restricted duty -- Compensation benefits continue to be paid

  46. Case Study - LaWanda LaWanda’s doctor doesn’t see what the big deal is, • As her doctor, he knows LaWanda can work

  47. 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

  48. 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?!

  49. 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

  50. Rehabilitation of Injured Workers If an IW unable to return to previous work earning 90% or greater of pre-injury wage …

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