In OH, there are several things that should be included in an offer of transitional duty employment according to Attorney George Wilkinson in Cincinnati, Ohio.
- Introduction stating the letteris an offer of temporary employment while they are recovering from a work-related injury/illness.
- Have the employee’s physician of record (POR) sign off on the offer first. Otherwise, the employee will take it to his POR with his own spin on how tough it is, and the doctor will not agree to it. Then you have to go through the usual medical battle.
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- Where and whento report for the position
- Who to reportto (name of supervisor)
- Descriptionof position
- Position will be carefully monitoredto make sure physical restrictions are not exceeded
- Make it clear that return to originalposition is dependant on ability to perform all the essential functions of the job.
- SignatureLine
- Check boxes for employeeto either Accept or Decline the offer. If employee declines, temporary total may be terminated.
- Mail the letter via First Class Mailand certified and have the start date 5-7 days after the letter is mailed.
Note: Return-to-work starts the clock on the permanent partial award, so claimant’s lawyers are usually quite amenable to it.
Information Provided by George B. Wilkinson, Partner. Attorney Wilkinson is Workers Compensation Group Practice Leader at Dinsmore & Shohl in Cincinnati, OH. He can be reached at George.wilkinson@dinslaw.com or 513-977-8316.
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
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