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TRANSITIONAL DUTY EMPLOYMENT. Karen C. Jackson Office of Risk Management Facilitator. Expected Workshop Goals. Reduce some of the high costs of workers’ compensation. Expected Workshop Goals. A better understanding of Transitional Duty Employment. Transitional Duty Employment.
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TRANSITIONAL DUTY EMPLOYMENT Karen C. Jackson Office of Risk Management Facilitator
Expected Workshop Goals Reduce some of the high costs of workers’ compensation
Expected Workshop Goals A better understanding of Transitional Duty Employment
Transitional Duty Employment Reduce workers’ compensation costs Workers’ Compensation more effective
Workers’ Compensation Coverage Injured workers entitled to • medical • indemnity benefits
ORM Workers’ Comp Statistics 5000 active claims 1000 compensation checks regularly $48 mil on workers’ compensation Money comes directly from agency budgets
Enables IW to go from here Transitional Duty Employment
Transitional Duty Employment To here
Agency Concerns Can’t take IW’S back to work unless full duty Civil Service won’t let us take IW’S back unless they are at 100%
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
Civil Service Circular No. 1290 July 9, 1997 Return-To-Work Policy for classified State employees
Civil Service Circular No. 1290 Allow state employees injured on job to come back to work • Light duty • Limited duty • Restricted duty
Pilot Program Pinecrest Developmental Center Highest volume of workers compensation lost time claims Highest workers’ compensation premiums
Pilot Program Pinecrest developed transitional duty policy 1 year pilot
Before Pilot Program They ain’t gonna take me back!
After Pilot Program Pinecrest employees returned to work, limited duty
Pilot Program First six (6) months of transitional duty pilot • 15% reduction of monthly indemnity pay-out
Pilot Program 36% reduction of indemnity pay-out at end of one (1) year
Pilot Program Beneficial ORM sought legislative remedy to require state agencies to have transitional duty program IW’S would be RTW once released bytreating physician
1999 - Senate bill 689 Gave ORM authority • develop and • administer transitional duty program for state employees
R.S. 39:1547 Good for Louisiana Took an act of legislation to get this done
Related Legislation R.S. 39:1543 Loss prevention audit process • Do state agencies have TD program? • Are agencies actively trying to RTW IW’S back to work?
5% Premium Penalty Failure to have policy Failure to have transitional duty employment program Failure to return IW’S back to work once released May affect outcome of safety audit
Transitional Duty Employment ORM developed Transitional Duty Program. Administered by contract vendor.
ORM’s Transitional Duty Policy http://www.state.la.us/orm/pdf/tranduty.pdf
Transitional Duty Employment Mirror ORM’S TD policy or develop own
Case Study LaWanda
Case Study - LaWanda Friends Co-workers Relatives
Case Study - LaWanda LaWanda got hurt on the job and now she’s not working WHY?
Case Study - LaWanda Reason is simple— LaWanda’s employer won’t let her work
Case Study - LaWanda LaWanda’s doctor says she can work
Case Study - LaWanda LaWanda feels like she can work
Case Study - LaWanda But -- LaWanda’s not working
Case Study - LaWanda Some background on LaWanda
Case Study - LaWanda Help mentally deficient residents with activities of daily living
Case Study - LaWanda Pulled muscle in back 3 months ago • and now LaWanda can’t work
Case Study - LaWanda ORM starts workers’ compensation benefits
Case Study - LaWanda Conservative treatment Dr. Mild for 3 months Dr. Mild says LaWandacan do something Releases LaWanda to RTW except… can’t lift over 25 pounds
Case Study - LaWanda LaWanda is so happy she can go back to work
LaWanda takes supervisor copy of RTW slip RTW slip has lifting restriction of no more than 25 pounds Case Study - LaWanda
Supervisor says, “I can’t use you LaWanda until you can come back to work full duty.” Case Study - LaWanda
Case Study - LaWanda Took all the wind out of poor LaWanda
Case Study - LaWanda LaWanda goes home - gives bad news to adjuster Develops renewed interest: • The Young & The Restless • Jerry Springer • Gardening
Case Study - LaWanda Because LaWanda’s not allowed to work, restricted duty -- Compensation benefits continue to be paid
Case Study - LaWanda LaWanda’s doctor doesn’t see what the big deal is, • As her doctor, he knows LaWanda can work
Case Study - LaWanda LaWanda doesn’t 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
Case Study - LaWanda LaWanda’s supervisor doesn’t see what the big deal is, either • After all, LaWanda’s being paid workers’ comp anyway, right? • What’s the big deal?!
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
Rehabilitation of Injured Workers If an IW unable to return to previous work earning 90% or greater of pre-injury wage …