The Permanent Light Duty List (A Bad Idea) Part 2

As promised, a further discussion on the Permanent Light Duty List and employees who may be on light duty or restricted work indefinitely. Both circumstances are unnecessary and a cost burden to your organization. 

Last week I spoke on limiting the length of time someone can be on light duty. An important part of this process is The Transitional Duty Meeting. I use the word transitional as it denotes a process not a condition. 'Light Duty' and 'Restricted Work' may sound permanent to an employee or to his/her manager but the terms are used interchangeably.

The Transitional Duty Meeting should be held:

• Anytime there is confusion about the employee's situation
• Prior to the end of the first three months if the injured/ill worker is requesting an extension
• At the end of the extension to sum up the case before the injured/ill worker is put out on indemnity

You will find that these meetings are not actually needed all that often, but they are an excellent communication tool after a complicated or confusing injury or illness. However, let everyone know up front that your workers' compensation policy now includes Transitional Duty Meetings. Like you and I, employees want to know what to expect.

A Transitional Duty Meeting is composed of the following people: 

• The injured or ill worker
• His/her direct report (supervisor or manager)
• A representative from Human Resources (the one who processes the claim)
• Your workers' compensation medical designee (on-site nurse, safety officer, occ health physician, etc.)
• Someone from executive leadership such as the Vice President of Human Resources or COO

The meeting should be opened by executive leadership who requests that everyone introduce themselves, then defines the purpose of the meeting; which is to be sure everyone is on the same page as to the employee's condition and expectations for recovery and return to full duty.

The injured/ill worker is then asked to present the facts about his/her situation - how the accident occurred, how he/she is feeling, how the restricted work assignment is working out, if there are any questions or issues, dates for further treatment or testing, etc. This is the time to hear directly from your employee, for you to show that you care and that you take your policy seriously.

The supervisor or manager is then asked to do the same. Have problems been noticed? Has the worker done more than what is allowed during the recovery phase? Are there questions or problems with medical appointments, etc.? 

The remaining members participate as necessary, including the sharing of relevant information from the insurer or Third Party Administrator (TPA). But executive leadership should not try to run this meeting. He/she is there to show (silent) support for the workers' compensation program and interject only when there seems to be an obstacle in the process. At this meeting dates are established, new information is provided, and follow-up is established, without the VP's influence in most cases. 

Granting an extension should only be approved when medical evaluations indicate that a full recovery is possible. If you suspect an employee to be fraudulent in his/her claim or recovery, the Transitional Duty Meeting is the best way to identify it, and can actually prevent fraudulent activity in the first place. More on fraudulent claims in a future entry. Feel free to schedule them as you or your team feels the need to do so. These meetings will prevent the need for indefinite or permanent light duty.

However, if you do have a Permanent Light Duty List, how do you get your employees safely off it? 

There is a way. The organization I mentioned last week had 13 people on its Permanent Light Duty List for up to 2 years. Within about two months, twelve returned to full duty and the thirteenth was settled with and left the organization. Here is the process:

1. Your workers' compensation medical designee (on-site nurse, safety officer, occ health physician, etc.) pulls all paperwork related to each claim and establishes a file for each individual, to include medical reports, dates of incapacity, and job description. A Functional Job Description is best if you have one.

2. Your designee makes arrangements to have each employee on the list evaluated by an occupational health physician, who will need any and all medical reports as well as the (functional) job description. 

Note: You may not have your own occupational health physician. If not contact your local hospital or workers' compensation medical provider, insurer, or TPA to find one. If there are none in your locale, many orthopedic surgeons, chiropractors, or osteopathic physicians sub-specialize in occupational health. Let them know up front why you are contacting them and the goal of the evaluation (which is a determination of an employee's capacity to return to full duty).

3. Your designee then sends a written letter to each employee on the list stating that it is time for he/she to discuss the permanent (or indefinite) light duty assignment with management and that a medical evaluation is required. Provide a date to meet.

4. Your designee discusses the situation with the employee then facilitates the medical appointment. Request that a written report is forwarded to him/her directly from the physician. In most cases, you will find that your employees will be returned to full duty.

5. Your designee then contacts Human Resources as to the outcome, as well as the insurer or TPA so they can close the case. Human Resources may need to help the employees find suitable positions within the organization if their old jobs have since been filled. You may also find that some employees choose to find employment elsewhere once they are asked to return to their old or similar position.

6. If permanent injury is identified, then it is best for the organization to seriously consider settling the claim. Discuss the findings with your TPA or insurer. Consistency is key to a successful program, and it is financially wise to cut future workers' compensation expenses now by reducing your number of current open claims. If you do not want to settle, if you feel committed to the injured worker, then ask Human Resources to place the employee in an already established job that has an existing job description for which they are fit to perform.

Next entry will be a continuation of post-injury management and the importance of an early return to work program, light duty, or as I will refer to it going forward, the Transitional Duty Program. If you have any questions meanwhile, please feel free to post and I will answer them as quickly as I can.