Return To Work Policy

FILE: EGAB-R

Return-To-Work Policy

PURPOSE

The purpose of this policy is:

• to contribute to the medical recovery of injured workers by providing meaningful work activity that has been approved by their physician

• to utilize injured workers in a productive capacity while they are recovering from a work-related injury

• to demonstrate the Clay County Schools Organization is concerned for the welfare of its employees through implementation of a return-to-work program

DEFINITIONS

Field Case Manager (FCM) - Case management professionals contracted by the Workers’ Compensation Insurer to assist injured workers in returning to work

Functional Capacity Evaluation (FCE) - A test administered by a physical or occupational therapist to determine the safe level of activity the injured worker can perform on the job

Maximum Medical Improvement (MMI) - When a condition has become static or stabilized during a period of time sufficient to allow optimal recovery, and one that is unlikely to change in spite of further medical or surgical therapy.

Physical Demand Level (PDL) - The physical capabilities required of a worker to perform assigned job tasks as defined by the U.S. Department of Labor.

Qualified Rehabilitation Professional (QRP) - A designation given to rehabilitation professionals who are qualified to provide case management services in West Virginia.

Temporary Partial Rehabilitation Benefit (TPR) - Benefits payable if modified duty wages are less than an injured worker’s pre-injury wages.  The Workers’ Compensation Insurer (Brick Street at the time this policy was developed) may pay 70% of the difference between the injured worker’s wage rate at the time of the injury and the modified duty wage, up to the state maximum benefit rate.

Transferable Skills Analysis (TSA) - A tool used to identify and compare skills learned in previous vocational or non-vocational activities to those required by occupations that are within the injured worker’s physical demands and mental capacities.

Work Conditioning Program - An intensive, work-related, goal-oriented, conditioning program facilitated by a physical therapist which restores or maximizes the physical ability of the injured worker and assists them in returning to work.

Work Hardening Program - Highly-structured, outcome-focused, individualized, progressive treatment program facilitated by a physical therapist used to assist the injured worker returning to work.  Work hardening usually follows work conditioning.

DESIGNATED COORDINATOR

The designated coordinator of the return-to-work program shall be the workers’ compensation manager at the central office, unless otherwise designated by the County Superintendent of Schools.  The designated coordinator shall perform the following practices during the life of a workers’ compensation claim:

·         Contact the injured worker on a weekly basis

·         Track recovery and restrictions placed on the worker by obtaining medical reports following each medical appointment.  If physically able, the injured worker is required to hand deliver the documents after each medical appointment

TIME FRAMES

Modified duty is intended to be temporary and transitional.  Modified duty may be offered as long as work is available within an employee’s medical restrictions.  Modified duty may continue until maximum medical improvement (MMI) is reached or until the

worker gets a full-duty release.  

WAGES

As part of this return-to-work program, the county superintendent or his/her designee will determine the monetary value of the worker’s modified duty tasks and cause the injured worker to be paid accordingly.  If their modified duty wages are less than the worker’s pre-injury wages, the Workers’ Compensation Insurer (Brick Street at the time this policy was developed) may pay 70% of the difference between the injured worker’s pre-injury wage and modified duty wage, not to exceed the Temporary Total Disability rate.  This is

referred to as Temporary Partial Rehabilitation benefits.

COMMUNICATION

It is important that workers report all injuries immediately to the principal or building supervisor and the workers’ compensation manager at the central office.  All injuries should also be reported to the Workers’ Compensation Insurer (Brick Street at the time this policy was developed) within 24 hours.  Claims can be filed by phone, E-Comp, email, fax or mail.  The workers’ compensation manager at the central office will assist the worker in filing claims.

The building principal or building supervisor shall:

• Cause this return-to-work policy to be included in teacher/staff handbooks or posted in an area all workers frequent.  All workers should know from the time of their employment that if they are hurt, they will be offered light duty as soon they are medically cleared by a physician.

• Require all new employees to review this policy as part of their orientation and sign the return-to-work policy acknowledgment form to acknowledge their understanding of the program.

• Explain the return-to-work program as part of one of routine staff or safety meetings.

• Post procedures for seeking medical treatment after an injury in an area all workers frequent.

IDENTIFICATION OF MODIFIED OR TRANSITIONAL DUTIES

In the identification of return-to-work job tasks, the Clay County Schools Organization acknowledges that sometimes injured workers can perform some, but not all, of their regular job tasks.  The building principal or building supervisor, in cooperation with the workers’ compensation manager, shall review the job and identify which tasks are within the workers current work restrictions.  Minor injuries can be accommodated by having co-workers assist injured workers with activities outside of their physical restrictions.  

The building principal or building supervisor, and the workers’ compensation manager, should seek to include injured workers in planning modified duty, as they can often introduce creative ways in which they can continue to do their jobs.  Supervisors and co-workers also should be made aware of the injured worker’s restrictions.  Injured workers on modified duty are expected to follow all Clay County Board of Education policies.

Modified duty can be part-time or full-time and can be at reduced wages.  Modified duty should be reviewed periodically by the building principal or building supervisor to see if, with medical approval, additional tasks can be added or work hours increased.  The workers’ compensation insurer’s return-to-work specialist may have a list of modified duty tasks that could be performed within the school system or help in brainstorming solutions.

Creation of modified duty tasks is a collaborative effort between the building principal, workers’ compensation manager, superintendent or his/her designee, supervisor (if applicable), head or lead workers (if applicable), and a return-to-work specialist.  A list of job tasks, light duty jobs, and assignments that may be appropriate for the injured worker should be maintained on file and provided to the payroll department of the central office.  This list may also include, but is not limited to the following:

• special projects that need to be done

• files that need to be set up

• a work area to be cleaned

• follow-up calls that need to be made

• errands to be run

• tasks that would free other employees to do their jobs more efficiently

• tasks that are completed only on an occasional basis such as inventory

• assembling promotional materials

• providing temporary assistance to other staff members

• additional tasks that could be taken from other employees and converted into modified duty

• assigning or “loaning” the worker to jobs with nonprofit organizations in the community.  The “loaned” worker continues to be the employee of record for the Clay County Board of Education pays the employee’s wages at either the pre-injury amount, or at a reduced rate

COMMUNICATION WITH THE PHYSICIAN

When an injured worker is not released to return to work on a timely basis, it may be because the physician does not understand how the job can be modified to accommodate the employee’s temporary limitations.  Clear communication is essential at all times if the employee is to return to productive work in the shortest possible time.  The following documents should be used to facilitate ongoing communication with the physician:

• Letter to the Treating Physician - This is the best way to begin contact with the employee’s treating physician.  This letter should be sent by the workers’ compensation manager to the physician, in addition to a description of the employee’s actual job description.

• Physician Statement of Physical Capabilities – This form should also be sent by the workers’ compensation manger, to the physician, who will complete and return it to the workers’ compensation insurer.  The Physician Statement of Physical Capabilities Form may be used to determine what the employee is physically capable of doing so modifications can be made to the pre-injury job or another temporary position may be developed.  A letter explaining the return-to-work policy should also be mailed with the Physician Statement of Physical Capabilities Form.

• Job Function Evaluation - This form can be completed by the workers’ compensation manager in cooperation with the building principal or building supervisor, for the pre-injury position or any modified positions.  The form should be mailed or faxed by the workers’ compensation manger to the treating physician so he/she will have a better understanding of the employee’s job availability.

• Certified Job Offer Letter - This form may be used after modified duty or alternative duty has been coordinated with the treating physician.  This is valuable documentation in outlining the job offer, date of the physician’s release and start date.  This letter should be sent by the workers’ compensation manager to the injured worker, by certified mail.  The return-to-work specialist of the workers’ compensation insurer may also assist in providing worksite evaluations and assist with pre-planning return-to-work activities. 

TRANSITIONAL RETURN TO WORK

The building principal or building supervisor, and the workers’ compensation manager, should keep in touch with the injured worker and maintain an open dialogue with him/her.  Some workers may be apprehensive to return to work due to concerns about their level of recovery or the nature of the job to which they are returning.  The school system can ease the transition and limit the apprehension by meeting with the employee before he/she returns, to discuss the work assignments.  If appropriate, consideration may be given to scheduling the employee’s return to work on a Wednesday or Thursday so that he/she has the weekend off after a short work week.

REVIEW OF PROGRESS

Review of progress is vital to our continued success. By noting what’s working and areas that need improvement, the school system may be able to make adjustments that reduce workers’ compensation claims costs even further.  The following factors should be considered:

• Have lost workdays decreased?

• Have claims costs decreased?

• Has safety improved?

• What feedback are building principals and building supervisors giving?

• Have relationships with healthcare providers improved?

• Has litigation decreased?

Approved: 7/05/2010

Effective:  7/05/2010

Clay County Board of Education    

Return-To-Work Policy Acknowledgement Form

To All Employees:

Clay County Schools is committed to returning our employees to modified or alternative work immediately following a job-related injury.  The following guidelines accomplish this commitment:

• If your treating physician determines you are unable to perform your regular job duties, you must contact (contact person) within 24 hours after being given restrictions from your physician. You must also provide the physician’s name and phone number.

• The Clay County Schools Workers’ Compensation Manager at the central office (Loretta Gray) will follow up with your treating physician and BrickStreet Insurance’s return-to-work specialist to alert them that we have a return-to-work program in place and will provide your physician with your job description specifically outlining the physical demands of your job.  Your physician will be asked to complete a Physician Statement of Physical Capabilities so we can determine if accommodations can be made to your existing job or an alternative job.  It will be the responsibility of Loretta Gray to follow up with the physician regarding the completed worksheet.

• Once it has been determined a modified / alternative job is available, Loretta Gray will submit the job offer to your physician for their approval and signature.  A copy of the document will be sent to you when we contact you by letter with the starting date and time you are to report to work. It is your responsibility to alert your Brick Street claims adjuster if only part-time work is available so that eligibility for partial benefits can be reviewed.

• It is your responsibility to report to your building principal or building supervisor and Loretta Gray if there are job duties you feel you cannot perform while working modified duty.  Loretta Gray will discuss this with your physician and Brick Street’s return-to-work specialist.  An external field case manager may be assigned to your claim if successful return to work is not possible. 

Your safe return to work is our first priority.  If there are any problems or concerns about modified job duties, please let us know immediately.  Your claims adjuster at Brick Street also may be contacted at 304.941.1000 to discuss issues related to return to work.

________________________________              ________________

Employee signature                                                           Date

________________________________              ________________

Building Principal/Supervisor signature                            Date

Sample Letter To The Treating Physician

(Date)

(Treating Physician Name)

(Treating Physician Address)

Dear (Treating Physician):

(Employee’s name) is employed by Clay County Schools as a (job title).  He/She was injured on (date of injury). 

Clay County Schools has implemented a return-to-work program.  This program is designed to return an injured employee to the workplace as soon as medically possible.  If (employee name) is unable to return to work in his/her original job, we will make every effort to return him/her to modified duty or an alternative position.  We also will ensure that this position meets all medical restrictions you prescribe.

Enclosed you will find a copy of the Job Function Evaluation of (employee’s) pre-injury job along with a Physician Statement of Physical Capabilities which we ask that you complete so we have better understanding of (employee’s name) physical limitations.

Please call me at (company’s telephone number) if you have any questions about our return-to-work program or job description.  

Thank you in advance for your participation in our efforts to return (employee’s name) to a safe and productive workplace.

Sincerely,

Kenneth Tanner, Superintendent

Enclosures

Date:                                                              

Name of Employee:                                                                Certified Mail

                                                                                                Return Receipt Request

Employee Address:                                                                 Certified Mail #                     

Claim #:                                                                      

Date of Injury:                                               

Dear (Employee Name):

Your treating physician, Dr. ____________________, has released you to modified work.  We have identified a temporary position for you, which your physician states you will be able to perform.  Please refer to the attached job task list.

The job is:__________________________.  

You will receive $ ____________per (hour/ week/month).  This modified duty job will begin at __________ on ___________.  Please report for work on this date and time.

Your work schedule is: 

Hours/day and days per week: ___________________________

Time: _____________           

Modified duty supervisor: __________________________ Phone: _____________

Work location:________________________________________________________

We will re-evaluate your restrictions and need for modified work in _____ days.  We look forward to seeing you and wish you a continued speedy recovery.

Sincerely,

Kenneth Tanner, Superintendent