LIGHT DUTY POSITIONS CAN REDUCE

WORKERS'COMPENSATION COSTS

By

Thomas R. Wyatt , Esq.

One cost management tool that many employers use is returning an injured employee to work in a transitional or light duty job position.  This has two benefits.  First, instead of engaging in an "all or nothing" approach, the employee is able to transition back into his or her former job.  Second, it cuts down on the number of lost-time days thereby assisting the employer in reducing their workers' compensation costs.  Occasionally however, an employer may encounter an employee who is resistant to this transitional position.  Fortunately, there are procedures that, if followed, will assist in this process. 

Recently, we defended an employer who terminated an employee who did not want to accept a light duty job offer.  Under Ohio law, a bona fide light duty job offer must be: (1) in writing; and (2) it must contain a detailed job description consistent with the restrictions as provided by the physician of record.  A standard "Medco 14" form is typically provided to the employee's physician to list the claimant's  restrictions.  

In this case, the claimant's physician complete a Medco 14 form.  Based upon the recommendations on the Medco 14, the employer formulated a detailed light duty job offer and presented it to the employee in writing along with the Medco 14.   

When the employee failed to return to work without any explanation, the employee was terminated.  At hearing, the Industrial Commission found that the employee was obligated to report for the light duty job offer.  Under Ohio law, the employee also lost his temporary total disability benefits.    

This case demonstrates that an employer who closely follows the rules can effectively deal with an employee who is resistant to light duty.  In doing so, the employer will reduce costs in the long run.   

Please call Andrews & Wyatt with your questions regarding light duty job offers.