TRANSITIONAL DUTY EMPLOYMENT

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TRANSITIONAL DUTY EMPLOYMENT

• Karen C. Jackson
• Office of Risk
• Management
• Facilitator

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Expected Workshop Goals

• Reduce some of the high
• costs of workers
• compensation

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Expected Workshop Goals

• A better understanding
• of
• Transitional Duty
• Employment

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Transitional Duty Employment

• Reduce workers
• compensation costs
• Workers Compensation
• more effective

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Workers Compensation Coverage

• Injured workers entitled to
• medical
• indemnity benefits

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ORM Workers Comp Statistics

• 5000 active claims
• 1000 compensation checks
• regularly
• 48 mil on workers
• compensation
• Money comes directly from
• agency budgets

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Transitional Duty Employment

• Enables IW to go
• from here

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Transitional Duty Employment

• To here

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Agency Concerns

• Cant take IWS back to
• work unless full duty
• Civil Service wont let us
• take IWS back unless they
• are at 100

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Dispel the Myths
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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

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Civil Service Circular No. 1290

• July 9, 1997
• Return-To-Work Policy
• for classified State
• employees

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Civil Service Circular No. 1290

• Allow state employees
• injured on job to come back
• to work
• Light duty
• Limited duty
• Restricted duty

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Pilot Program

• Pinecrest Developmental
• Center
• Highest volume of workers
• compensation lost time
• claims
• Highest workers
• compensation premiums

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Pilot Program

• Pinecrest developed
• transitional duty policy
• 1 year pilot

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Before Pilot Program

• They aint gonna take me
• back!

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After Pilot Program

• Pinecrest employees
• returned to work, limited
• duty

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Pilot Program

• First six (6) months of
• transitional duty pilot
• 15 reduction of monthly indemnity pay-out

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Pilot Program

• 36 reduction of
• indemnity pay-out at end
• of one (1) year

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Pilot Program Beneficial

• ORM sought legislative
• remedy to require state
• agencies to have transitional
• duty program
• IWS would be RTW
• once released by treating
• physician

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1999 - Senate bill 689

• Gave ORM authority
• develop
• and
• administer transitional duty program for state
  employees

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R.S. 391547

• Good for Louisiana
• Took an act of
• legislation to get this
• done

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Related Legislation

• R.S. 391543
• Loss prevention
• audit process
• Do state agencies have TD program?
• Are agencies actively trying to RTW IWS back to
  work?

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5 Premium Penalty

• Failure to have policy
• Failure to have transitional
• duty employment program
• Failure to return IWS back
• to work once released
• May affect outcome of safety
• audit

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Transitional Duty Employment

• ORM developed
• Transitional Duty
• Program.
• Administered by contract
• vendor.

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ORMs Transitional Duty Policy

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

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Transitional Duty Employment

• Mirror ORMS TD
• policy or develop own

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Case Study

• LaWanda

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Case Study - LaWanda

• Friends
• Co-workers
• Relatives

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Case Study - LaWanda

• LaWanda got hurt on the
• job and now shes not
• working
• WHY?

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Case Study - LaWanda

• Reason is simple
• LaWandas employer
• wont let her work

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Case Study - LaWanda

• LaWandas doctor says
• she can work

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Case Study - LaWanda

• LaWanda
• feels like she can
• work

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Case Study - LaWanda

• But --
• LaWandas not working

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Case Study - LaWanda

• Some background on
• LaWanda

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Case Study - LaWanda

• Help mentally deficient
• residents with activities
• of daily living

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Case Study - LaWanda

• Pulled muscle in back 3
• months ago
• and now LaWanda
• cant work

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Case Study - LaWanda

• ORM starts workers
• compensation benefits

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Case Study - LaWanda

• Conservative treatment Dr.
• Mild for 3 months
• Dr. Mild says LaWanda can
• do something
• Releases LaWanda to RTW
• except
• cant lift over 25 pounds

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Case Study - LaWanda

• LaWanda is so happy
• she can go back to work

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Case Study - LaWanda

• LaWanda takes supervisor
• copy of RTW slip
• RTW slip has lifting restriction of no more than
  25 pounds

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Case Study - LaWanda

• Supervisor says,
• I cant use you LaWanda until you can come back
  to work full duty.

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Case Study - LaWanda

• Took all the wind out of
• poor LaWanda

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Case Study - LaWanda

• LaWanda goes home -
• gives bad news to adjuster
• Develops renewed interest
• The Young The Restless
• Jerry Springer
• Gardening

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Case Study - LaWanda

• Because LaWandas not
• allowed to work,
• restricted duty --
• Compensation benefits
• continue to be paid

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Case Study - LaWanda

• LaWandas doctor doesnt
• see what the big deal is,
• As her doctor, he knows LaWanda can work

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Case Study - LaWanda

• LaWanda doesnt 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

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Case Study - LaWanda

• LaWandas supervisor
• doesnt see what the big deal
• is, either
• After all, LaWandas being paid workers comp
  anyway, right?
• Whats the big deal?!

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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

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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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Rehabilitation of Injured Workers

• R. S. 231226
• Employer must provide
• rehabilitative services
• -job placement
• -retraining

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Rehabilitation of Injured Workers

• Rehabilitation of IWS
• automatically adds an
• additional 5,000
• 13,000
• to value of a claim.

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Rehabilitation of Injured Workers

• Employers must make
• every effort to return
• IWS back to work
• Even if cannot return to
• work full duty.

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Rehabilitation of Injured Workers

• As long as IW off work
• comp and medical benefits continue
• these affect premiums

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Transitional Duty Employment

• R.S. 231221(3)
• IW entitled to
• supplemental earnings
• benefits (SEB) if
• unable to earn 90 or
• greater of pre-injury
• wage.

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Transitional Duty Employment

• SEB based on 66 2/3
• difference between
• pre-injury wage and
• what employee now
• capable of earning.

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Transitional Duty Employment

• While this reduces
• benefits, benefits are still
• being paid.

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Rehabilitation of Injured Workers

• If the claim is settled
• 30,000 - 40,000
• added to value of
• claim.

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Transitional Duty Employment

• Only way to stop
• payments altogether

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Transitional Duty Employment

• Return IW to work with
• employer on transitional
• duty

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Transitional Duty Employment

• Transitional duty can be
• Job modification
• Light duty
• Restricted duty

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Cut Workers Compensation Costs

• Absolute must to
• keeping workers
• compensation costs
• down

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Transitional Duty Employment

• When IW sitting home
• watching Dr. Phil

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Transitional Duty Employment

• Commercial comes on
• asking,
• Have you been hurt on the job?
• Call me, Im a lawyer, I can help.
• I can get you top for your claim.

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Transitional Duty Employment

• This is how he does it
• and
• employers help IWS
• attorney by not
• returning IWS back to
• work light duty

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It Doesnt Matter What Its Called

• Transitional Duty
• Light Duty
• Restricted Duty
• Modified Duty
• Temporary Assignment
• of Duties

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Just Do It!

• Whatever you call it, just
• get em back to work!
• Absolute must for
• keeping workers
• compensation costs
• down.

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Think About It

• Would you like for your employee to sit here?

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Think About It

• Or here?

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Think About It

• When an employee is
• home collecting a comp
• check -

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Think About It

• The work piles up!!!
• Somebodys gotta do it
• or it doesnt get done

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Successful Transitional Duty
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Focus of Transitional Duty Employment

• Focus on what the IW
• CAN do

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Focus of Transitional Duty Employment

• Do not focus on what IW
• CANNOT do

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Focus of Transitional Duty Employment

• Transitional Duty
• Employment doesnt
• have to be nicest,
• coolest, best job you
• have to offer.

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Successful Transitional Duty

• Exercise discretion and
• caution in determining
• the transitional duties to
• be assigned.

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Successful Transitional Duty

• Transitional duty
• employment must not
• lower the performance
• standards and
• expectations of the job as
• a whole

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Successful Transitional Duty

• 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

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Successful Transitional Duty

• Transitional duty
• employment should not
• have the effect of
• permanently lowering
• the employees Civil
• Service job title.

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Successful Transitional Duty

• Department of Civil
• Service, Program
• Assistance Division
• can give guidance in
• evaluating transitional
• duty employment.

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Successful Transitional Duty

• Transitional Duty
• feasible
• IW released to some form of employment

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Successful Transitional Duty

• Open mind of employer

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Successful Transitional Duty

• Agency involvement
• Employer must make
• accommodations when
• IW has been released to
• some form of restricted
• duty

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Successful Transitional Duty

• Commitment required at all levels of agency
• Management
• Employees

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Successful Transitional Duty

• Develop a Transitional
• Duty Employment
• statement
• Communicate with the injured worker

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Successful Transitional Duty

• Do not work someone
• outside of the restrictions
• Leads to re-injury
• Make doctor take employee off work permanently

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Successful Transitional Duty

• Modified job offers
• identify tasks ahead of time
• notify IW in writing
• Job modification should
• come in all sizes and
• shapes

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Successful Transitional Duty

• A DEALS A DEAL.
• Make sure job is open
• and available when IW
• returns to work

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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

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RETURN TO WORK PAYS

• Employer credibility
• Employees
• Medical professionals
• Attorneys 

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RETURN TO WORK PAYS

• Attorneys cant bluff
• adjusters

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RETURN TO WORK PAYS

• Decreased medical cost

• Decreased indemnity
• costs

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RETURN TO WORK PAYS OFF

• Adjusters free to
• concentrate on
• substantive claims
• handling

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RETURN TO WORK PAYS OFF

• Litigation diminished

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RETURN TO WORK PAYS OFF

• Employees are not
• separated from the
• worksite unnecessarily

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RETURN TO WORK PAYS OFF

• Transitional Duty
• Employment helps
• comply with ADA

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Transitional Duty Works

• Its economical
• IW benefits returned to
• a productive lifestyle
• Employer benefits no
• double encumbering
• Return-to-work makes
• good business sense
• ITS A WIN WIN SITUATION

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HANDOUT
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Website information

• ORM website for workers comp forms
• http//www.doa.louisiana.gov/orm/formsCR.htm
• LDOL / OWCAs website
• http//www.ldol.state.la.us/qm_formsindexdetail.as
  p?LookupValueOWCA
• ISIS WEBSITE
• http//www.doa.state.la.us/osis

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Adjuster Assignments p. 1
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Adjuster Assignments p. 2
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Adjuster Assignments p. 3
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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) Karen.Jackson_at_la.gov
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Are there any questions?