Job Descriptions
It is cost effective to obtain a telephonic usual and customary job description within 10 – 12 weeks of temporary disability benefits being paid. It provides treating physicians an accurate description of the physical tasks and requirements of the position held at the time of injury. This process is essential for assisting treating physicians to make early determinations regarding injured workers’ abilities to return to work in their usual and customary occupation or to a temporary modified or alternative position. The job description may also, in some instances, expedite a determination of maximum medical improvement status.
On Site Job Analysis
An on-site job analysis is essential for cases that require more detailed information. In cases where a dispute arises regarding the telephonic job description, a job analysis is developed with direct input from the employer and the injured worker. We always encourage injured workers to attend the on- site job analysis meetings to ensure that an accurate report is developed.
Temporary Work Offers
Pursuant to LC 4650.6 (a) and AD Reg. 10133.56, a “Notice of Offer of Modified or Alternative Work” is required within 30 days of the termination of temporary disability benefits. This notice avoids potential liability for the supplement job displacement voucher benefit and potential OBAE audit penalties. Job descriptions and task lists are developed directly with employers to document the available temporary modified or alternative position. The “Notice of Offer of Modified or Alternative Work” / DWC AD 10133.53 EAMS form is also prepared to adhere to the State of California guidelines. The completed documents / packet are e-mailed to the Claims Examiners and/or Claims Assistants so that all proper time frames are met.
Permanent Work Offers
Pursuant to LC 4650.6 (a) and AD Reg. 10133.56, a “Notice of Offer of Modified or Alternative Work” is required within 60 days of medical maximum improvement (MMI). The offer may be due within 30 days from the last payment of temporary disability (TD) if the MMI date and the ending of TD occur at the same time. This notice avoids the potential liability for the supplemental job displacement voucher benefit and potential OBAE audit penalties. The offer also justifies the 15% weekly permanent disability decrease pursuant to LC 4658 (d)(3)(A). The job description and task list are developed directly with the employer to document the available permanent modified or alternative position. The “Notice of Offer of Modified or Alternative Work” / DWC AD 10133.53 EAMS form is also prepared to adhere to the State of California guidelines. The completed documents / packet are e-mailed to the Claims Examiners and/or Claims Assistants so that all proper time frames are met.
Transitional Work Exploration
Transitional work provides employers an effective tool for claims cost control. It reduces employer claim expenses such as hiring temporary personnel during sustained periods of employee absence, lost time, temporary disability benefits/ medical costs and may reduce litigation. A job description and task list is developed with the employer to document the proposed transitional position available. This provides the physician(s) an accurate description of the physical tasks and requirements of the proposed position to determine medical appropriateness. Upon physician approval, a return to work date is coordinated with all parties. The “Notice of Offer of Modified or Alternative Work”/DWC AD 10133.53 EAMS form is also prepared to adhere to the State of California guidelines. The completed documents / packet are e-mailed to the Claims Examiners and/or Claims Assistants so that proper time frames are met.
Regular Work Offers
A “Notice of Offer of Regular Work” is required within 60 days of an injured worker reaching medical maximum improvement. The offer justifies the 15% weekly permanent disability decrease pursuant to LC 4658 (d)(3)(A). The regular job description and task list are developed directly with the employer to document the regular work available. The “Notice of Offer of Regular Work”/DWC AD 101118 EAMS form is also prepared to adhere to the State of California guidelines. The completed documents / packet are e-mailed to the Claims Examiners and/or Claims Assistants so that proper time frames are met.
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