WCRehab

4.24.02

 

Current T.D. max is $490 per week.

 

“The worst thing for people is limbo.”

 

E/R has 10 calendar days to offer alt/mod work after finding out from doc. that E/E is not likely to return to usual and customary position.

a.       If under gun, E/R can take one unilateral 30-day extension to find a position, but must pay E/E the highest level of T.D.

b.      If making position arrangements, parties can agree to more time.

~> so, at this point E/R should offer alt/mod position or voc. rehab.

c.       E/R must send letter detailing all this to E/E

 

“The penalties in voc. rehab. are phenomenal.”

            Penalties here are considered outside the cap. set for voc. rehab.

 

P&S status has nothing to do with voc. rehab. services.

 

“The person who starts rehab. while getting T.T.D. generally gets a better plan.”

 

“You’ve got to get approval from doc. to go ahead.”

 

“There is no one way to do rehab.”

 

“Treat them (injured worker) like a family member, that is the best advice.”

 

E/E can accept alt/mod position which offers 85% or more of previous salary.

a.       E/R can receive a percentage premium refund if get E/E back via this mechanism per Labor Code § 4638.

b.      This can relieve the E/R of the burden of providing voc. rehab.

 

Q.I.W. is a fluid status.

            Two part – medical eligibility

-         vocational feasibility

E/R must offer – alt/mod work

-         vocational rehab.

-         RU-94

E/E has 30 days to accept or deny, and if deny then no rehab.

 

Need to give E/E’s average weekly wage in statements and act in good faith.

            “A lot of this gets litigated.”

            “It is the kind of thing that drives a person to an attorney.”

 

If disagreements on job description, does not matter if not material to the job, but could be explained in letter to doc.

 

$150    RU-91            Job Description            doc. reads this

                                                            is a specific form done by E/R and E/E

                                                            used to determine med. Eligibility or alt/mod work

 

$325                Job Analysis                        independent party conducts this

                                                            through observation, weight & measure

                                                            covers job mechanics, how it is all done

 

                        A.D.A. Job Analysis            narrative style

                                                            read by doc. and prospective employee

“I want to close my eyes and be able to tell what the person is doing.”

                                                            “I want to know how they move.”

                                    “We should have these on file.”

                                    This is what needs to be done i.e. essential functions.

E/R decides essential functions of the job, based on company needs, not the person working the position.

A.D.A. has been used mostly by people wanting to keep their jobs, but only needing accommodation.

                                    Also details a position’s marginal functions.