WORKERS' COMPENSATION & RTW

Maximum Medical Improvement (MMI)

• No further significant recovery can reasonably be anticipated
  
• Permanent restrictions

• Employee: qualified individual with a disability
  
• Qualified disability: individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job the employee holds or desires.

• Physical or mental impairment that substantially limits one or more of the major life activities of such individual;
  
• Record of such an impairment; OR
  
• Being regarded as having such an impairment.

• Unable to perform a major life activity that the average person in the general population can perform
  
• Significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity, as compared to the average person in the general population

• Fundamental job duties of the employment position: Do you actually require employees in the position to perform functions you claim are "essential"?
  
• Does not include marginal functions of the position: Would removing the function fundamentally alter the position?

• The employer's judgment
  
• Written job descriptions prepared before advertising or interviewing applicants for a job
  
• Amount of time spent performing function
  
• Consequences of not requiring the function
  
• The terms of a collective bargaining agreement
  
• Work experience of past employees in the job
  
• Current experience of employees in similar jobs

• Modification of work environment or equipment
  
• Modification to manner of performance
  
• Modification to allow equal benefits and privileges of employment
  
• Modification to circumstances under which job performed

• Employers obligated to make reasonable accommodation only to limitations resulting from disability known to the Employer.

• Job restructuring as an ADA accommodation does not require reallocation of essential job functions.

• Significant Risk
  
• Substantial Harm (likelihood and imminence)
  
• Cannot be Eliminated or Reduced by Reasonable Accommodation

• Generalized fears of a threat to others
  
• Generalized fears of threat to the employee
  
• Generalized fears of re-injury

• Evaluating Work Ability: Reports of Work Ability
  
• What CAN the employee do?
  
  • Examine specific jobs
    
  • Ask for accommodations required
  
  
• FCE (Functional Capacities Evaluation)

• Employees may be required to take FMLA leave concurrent with workers' compensation leave
  
• Policy must notify employees of this requirement before leave taken

• Create a limited number of light duty jobs with job descriptions
  
• Create policies outlining circumstances for light duty assignments
  
• Limit the time period light duty is available
  
• EVERYONE must buy-in to the light duty program -- exceptions should not be the rule

• Employees on FMLA (Family Medical Leave Act) are NOT required to accept light duty job offers, but may elect to continue on FMLA leave without jeopardizing benefits.

• Duration of Risk
  
• Nature and Severity of Potential Harm
  
• Likelihood that Potential Harm Will Occur
  
• Imminence of Potential Harm

• Supervisors must be advised of work limitations and accommodations, and of need for confidentiality
  
• Safety personnel must be informed if condition may require emergency treatment, and advised of need for confidentiality
  
• Disclosure related to compliance with governmental laws and regulations

© Copyright 2000 · Hanft Fride