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Seminar Archives

RETURN TO WORK OPTIONS: BACK TO BASICS

Employers often surmise that an offer of modified work is not necessary or can be made informally. As the cases noted above show, the best defense is always to make a written offer, on the required forms if necessary, that outline the physical duties anticipated. Documentation of the employer’s efforts to accommodate an injured worker will assist the attorneys at Mullen & Filippi in defending against unreasonable demands for TD and vouchers and will result in an overall cost reduction in litigated cases.


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A VOUCHER IN EVERY POT

Based on this decision, a Workers’ Compensation Judge has the exclusive jurisdiction to resolve disputes over Vouchers. More importantly, decision clarifies that an employer must make a “bona fide” offer of regular, modified, or alternative work to avoid liability for an Voucher, even to an inmate who had been released from his position previously held in prison. The inability to offer employment does not absolve an employer of the obligation to make a “bona fide” offer of employment.


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Trial Judge Refuses to Grant Defendant’s “Motion for Summary Adjudication” Excluding Vocational Reports

MORGAN vs. ST. MARY’S MEDICAL CENTER ADJ10626542
(Worker’s Compensation Judge Eugene Gogerman’s Findings of Fact/Opinion on Decision March 27, 2018)


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Return to Work Supplement Program (RTWSP)

Claim administrators can expect to see an increase in voucher demands during settlement negotiations so that injured workers can obtain an additional $5,000 from the RTWSP and Supplemental Job Displacement Benefits (SJDB) program. However, it is not necessarily a bad thing, since the SJDB voucher and RTWSP can be valuable tools during settlement negotiations.


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