Emerging Trends: Securing the Light Duty Return to Work Release is Half of the Workers’ Comp Battle
When the occupational physician issues the light duty return to work restriction now what? Do you know how to get the employee back to work successfully and keep them there?
We realize that there’s more to getting injured employees back to work than securing the light duty release. This workshop will prompt employers to evaluate the technical aspect of their return to work program while defining some of the legal exposure created by recent litigation.
The workshop will uncover three recent workers compensation legal cases that impact the procedures used to notify injured that you have a light duty position available. We will define the six essential pre-injury HR policies that must be in place and the five post-accident procedures that employers must follow to keep their return to work program legally compliant. Then we will look at the dynamics of getting the employee back to work successfully. What happens after the employee comes back to work? Are they physically capable of doing the light duty position? How do you determine the employee’s capability and what are your options as the employer?
Have you ever…
- Felt overwhelmed by the complexity of the light duty restriction and finding ways to accommodate the employee in your organization?
- Offered the employee a light duty position and had them complain the entire day about aches and pains?
- Has the employee flat out refused to do the light duty job – insisting that it does not comply with the stated restriction?
- Do you feel that sending out an initial light duty job offer meets the return to work notification guideline?
- Attempted to terminate an injured employee but can’t find a policy that addresses non-compliance in your employee handbook?
- Wondered how many times you have to offer the employee a light duty job before the adjuster can cut off his or her benefits?
Agenda: – Registration Starts at: 12:30 pm
1:00 pm to 2:00 pm – The Legal Side of Getting Injured Employees Back to Work – How do you comply with job offer requirements? A Review of Legal Cases Impacting the Return to Work Process – Jodi J. Jaffe, Esq. and Taysha Carmody, Esq.
2:00 pm – 2:15 pm – Break
2:15 pm to 3:15 pm – Essential Return to Work Policies that Must be in Writing – 7 Essential Pre-Injury and Post Accident Return to Work Policies that Every Employer Must Have in their Employee Handbook – Margaret Spence, CWC, RMPE
3:15 pm to 4:15 pm – You Have the Return to Work Release Now What? How do you evaluate the employee’s functional capability to do the light duty job? How do you communicate the essential function of the pre-injury job so the employee can return to work full duty? An Evaluation of Functional Capacity vs. Job Demands – David Capote, DPT, COMT, CSCS
4:15 to 4:30 – Q & A
Where/When:
Miami, Florida - May 6th, 2011 – Free Program - Sponsored by Physicians Health Centers & WorkCompSeminars.com
Hyatt Summerfield Suites – 5710 Blue Lagoon Drive, Miami Florida
Speakers Bio:
Jodi J. Jaffe, Esq. – Partner, McConnaughhay, Duffy, Coonrod, Pope, Weaver, PA.: - http://www.mcconnaughhay.com/attorneys/Jodi+J./Jaffe/
Jodi Jaffe devotes a significant portion of her practice to defending and advising employers, carriers and servicing agents in matters involving workers’ compensation. Her clients include governmental bodies, national insurance companies, statewide servicing agents and employers. Jodi also practices civil litigation, including automobile negligence, premises liability and products liability. Prior to joining the firm, Jodi was a criminal defense attorney in Miami, Florida and in New York City. In that capacity, Jodi tried numerous cases, both jury and bench trials. As well, Jodi trained attorneys in trial skills. Jodi routinely speaks on workers’ compensation and liability topics at local and statewide seminars. Ms. Jaffe’s publications: “Workers’ Compensation Benefits – Difficult Medical Issues Abound,” by E. Louis Stern and Jodi J. Jaffe, Florida Underwriter Magazine, Workers’ Comp Report to the Industry Supplement, May 2009, p. S-10. Ms. Jaffe received her undergraduate degree from Brandeis University in 1987 and her JD from the University of Florida in 1990. She is admitted to practice law in Florida, New York and New Jersey.
Taysha Carmody, Esq. – Associate, McCommaughhay, Duffy, Coonrod, Pope, Weaver, PA.: – http://www.mcconnaughhay.com/attorneys/Taysha+L./Carmody/
Taysha Carmody represents employers and insurance carriers in the field of workers’ compensation. Her clients include national insurers, employee leasing companies and employers throughout Southeast Florida. Taysha also speaks at seminars for employers and insurance carriers throughout Florida, discussing various topics in the field of workers’ compensation. Prior to moving to the firm’s Fort Lauderdale office, Taysha worked as a law clerk in the Tallahassee office of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. Ms. Carmody received her undergraduate degree from Villanova University in 2000 and her JD from Florida State University, J.D., 2004. She is admitted to practice law in Florida.
Margaret Spence, CWC, RMPE – President – Douglas Claims & Risk Consultants, Inc.: – www.margaretspence.com
Margaret Spence is the President/CEO of Douglas Claims & Risk Consultants, Inc. and the author of – From Workers’ Comp Claimant to Valued Employee – Employer’s Guide to Implementing a Proactive Return to Work Program and the founder of National Return to Work Week. Ms. Spence is a Board Certified Workers’ Compensation Consultant, Speaker and Trainer who ranks among the experts in the field of injury management and return to work implementation. She is an advocate for getting ill and injured employees back into the workforce. Margaret is a member of the Society for Human Resource Management (SHRM) Special Expertise Panel on Employee Health, Safety and Security, she writes and speaks extensively on workers compensation and human resources. She has been quoted or had articles published in the HR Florida Magazine, HR Magazine, Workforce Management Magazine, American Chronicle, Risk Management Quarterly, CPCU, USAToday, HR.com and LexisNexis Workers Comp Section.
David Capote, DPT, COMT, CSCS – www.physicianshealthcenter.com
David is the Clinical Site Coordinator for Physicians Health Center. David obtained his Doctoral Degree in Physical Therapy in 2010. He received his Master’s in Physical Therapy degree in 2007 and his Bachelor’s in Exercise and Sports Science degree in 2004, both from Florida International University. David has extensive experience in the areas of orthopedic injuries, spine rehabilitation, and postoperative rehabilitation. He has a special interest in a hands-on approach using Manual Therapy techniques combined with advanced S.T.E.P. exercise programs. At Physicians Health Center, David is the liaison to area colleges overseeing PHC’s Physical Therapy Internship Program. David also leads PHC’s post-offer employment screening process, in addition to visiting employers to assess work sites and instruct employees on spine injury prevention and proper body mechanics.
