1 / 36

Review of the Supplemental Job Displacement Benefit & Proposed RTW Regulations

Review of the Supplemental Job Displacement Benefit & Proposed RTW Regulations. 1. Overview of the status of the proposed RTW regs & SJDB (Sandra Cortes). a) Proposed RTW regs (AR 10002):. Effective date Offer of work by employers of 50+ employees

burke-bolton
Download Presentation

Review of the Supplemental Job Displacement Benefit & Proposed RTW Regulations

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Review of the Supplemental Job Displacement Benefit & Proposed RTW Regulations 1. Overview of the status of the proposed RTW regs & SJDB (Sandra Cortes)

  2. a) Proposed RTW regs (AR 10002): • Effective date • Offer of work by employers of 50+ employees • 15% PD increase when employer offers(DWC –AD 10003)

  3. 15% PD decrease when employer does not offer (DWC-AD 10003) • 15% PD withholding when there is a P&S dispute and a DWC-AD 10003 offer has been made. Ultimately the following will occur: • 15% PD affected by Termination of employment offered & accepted

  4. The E/R says no mod or alt work exist after 60 days of last pmt of TD The % of PD award determines the amount of the voucher < 15% PD = up to $4,000 15 – 25% PD = up to $6,000 26 – 49% PD = up to $8,000 50 – 99% PD = up to $10,000 RegularWork Modified Work Alternative Work b) Types of RTW (LC 4658.1 & AR 10001)

  5. c) The SJDB is a non-transferable voucher for: • Educational related retraining and/or • Skill enhancement

  6. d) What is covered under the voucher • School tuition • Fees • Books • Expenses required by the school for training

  7. No more than 10% of the voucher can be used for Vocational Return to Work Counselor (VRTWC)

  8. e)What determines the amount of the voucher? • The E/R says no mod or alt work exist after 60 days of last payment of TD • The % of PD award determines the amount of the voucher • < 15% PD = up to $4,000

  9. 15 – 25% PD = up to $6,000 • 26 – 49% PD = up to $8,000 • 50 – 99% PD = up to $10,000

  10. f) Mechanics of RTW & SJDB/ Completing the Forms • DWC – AD 10003 Notice of Regular Work vs. DWC – AD 10133.53 Notice of Offer of Offer of Modified or Alternative Work

  11. 2. Timelines & Notice requirements SJDB & RTW (Destie Overpeck) Notice of Potential Right to SJDB w/in 10 days of last pmt of TD If mod or alt available, offer must be made w/in 30 days of TD pmts SJDB Timeline

  12. Employee has 30 days from receipt of offer to accept or reject offer of mod or alt work Eligibility for SJDB – employee must be off work 60 days from last pmt of TD

  13. Voucher due from claims administrator w/in 25 days of PPD award Claims administrator issue reimbursement pmts w/in 45 days from receipt of documentation and receipts

  14. RTW Timeline W/in 60 days the employee is PPD, CA must serve offer of reg, mod or alt work If employer serves employee with offer of reg, mod or alt work CA may reduce remaining PPD pmts by 15%

  15. If employer does not offer reg, mod or alt work, each pmt remaining shall be increased by 15% Employee may object to the offer of reg work w/in 20 days of receipt of notice

  16. Employee has 30 days to accept or reject offer of mod or alt work

  17. Disputed issues & how they will be addressed (Otis Byrd) • The employee’s medical eligibility for • the SJDB • The selection of a VRTWC. The employee’s attorney requests that the CA make the selection. The atty made reference to Labor Code 4636 & 4637. Employee TD > 90 days

  18. The employee’s request for voucher reimbursement for self procured training • The parties disagree on the purchase of a computer as a part of the voucher. The school says it is necessary and the defendant believes is not a tool or should be provided by the school as advertised

  19. Employee received a 7% Award and • requests a $4,000 voucher and 12% • attorney fees. Defendant refused to pay • the voucher and assign a VRTWC

  20. How will disputes be handled regarding the SJDB • Once a dispute has been received: • The opposing party has 20 calendar days to respond

  21. The AD or the designee may request • additional info w/in 30 days of receipt • of the request of a properly submitted • form • W/in 60 days of receipt the AD must • issue or the request is deemed denied • Appeals must be made w/in 20 days

  22. 4. Employer Reimbursement following RTW (Otis Byrd) • RTW under Labor Code 139.48 • RTW Fund: 5814.6 penalties, transfers from Revolving Fund (LC 62.5) • Workers on TD, maximum $1,250 • Workers on PD, maximum $2,500

  23. Maximum reimbursement per • worker is $2,500 • What are workplace modifications • Unlawful for an employer to • discriminate • Disputes may initially be handled • using same procedure as in SJDB • regulations

  24. 5. Enforcement (Destie Overpeck) • Proposed audit penalties for failure to comply with SJDB & RTW regulations • Audit will assess penalties for late payment and notices

  25. Audit will assess penalties for • failure to comply with the regulations • DWC has drafted audit penalties for violations of the SJDB regulations, expect notice of rulemaking soon

  26. The audit penalties for RTW • violations will be drafted after • the RTW regulations are final • 10111.2(b)(8)(vi) catch-all penalty • for failure to comply with any • regulation not listed in the • penalty schedule is $100

  27. 6. Questions & Answers Byrd, Overpeck & Cortes The End

More Related