• Menu
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • About
  • Contact
  • Privacy
 
Paradigm

Amaxx Workers Comp Blog

Reduce Workers Compensation Costs By 20-50%

Header Right

  • Home
    • Training Center
  • Search
    • Free Resources & Solutions
    • Subscribe to Free Newsletter
    • Create Free Training Center Account
    • Enroll in On-Demand Courses
    • Activate WC Mastery Membership
    • Request Strategic Coaching Session
    • Buy WC Guidebooks
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
    • Coaching
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login

Mobile Menu

  • Home
    • Training Center
  • Search
    • Free Resources & Solutions
    • Subscribe to Free Newsletter
    • Create Free Training Center Account
    • Enroll in On-Demand Courses
    • Activate WC Mastery Membership
    • Request Strategic Coaching Session
    • Buy WC Guidebooks
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
    • Coaching
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login
  • About
  • Contact
  • Privacy
You are here: Home / Employment Law Issues / Reducing Workers’ Compensation Costs Through Baseline Testing

Reducing Workers’ Compensation Costs Through Baseline Testing

February 10, 2015 By //  by Michael B. Stack Leave a Comment

Companies are always seeking innovative ideas to reduce the cost of their workers’ compensation program. One idea that is driving these efforts is the use of baseline testing of prospective employees.

Click Link to Access Free PDF Download

“5-Step Sequence to Coordinate Return-to-Work with ADA Compliance”

What is “Baseline Testing”

Baseline or “bookend” testing is the use of various medical and diagnostic testing in the hiring phase of new employees to develop a profile to measure subsequent workplace exposure and assist future claim investigations. Under this process, prospective candidates are required to undergo medical tests such as electromyography (EMG), and various functional assessments. The rationale for this process is to use those initial results as a “baseline” and compare them to post-injury findings. This allows claim professionals to make more accurate primary liability determinations and for use by medical experts when conducting an independent medical examinations.

Legal Problems Associated with Baseline Testing

One of the obvious issues associated with this trend are state and federal anti-discrimination and hiring practice laws. It also raises legal concerns about the limiting employment opportunities for persons with pre-existing medical conditions and their ability to seek and obtain gainful employment. There are also numerous legal obstacles for using such tests with existing employees. Before implementing a baseline-testing program, every program administrator should seek legal advice and understand the ramifications of such programs.

The Pros and Cons of Baseline Testing

The increasing use of baseline testing in workers’ compensation cases has called the concept into question when identifying most soft issue-type injuries and repetitive use/motion claims.

In support of using these tests, proponents argue that the medical evidence speaks for itself. This is especially true when it is conducted by an independent doctor or specialist who does not release the results until after an injury claim is made. It is also noted that it is impossible to change or alter the results of objective medical evidence such as film from an x-ray, MRI or other scans.

On the other hand, it is noted that objective medical evidence also needs to be substantiated by subjective complaints. This is often the case in disc herniation cases where the subjective complaints of a worker need to be considered in conjunction with objective medical findings.

Putting Baseline Testing to Use

In order to comply with the Americans with Disabilities Act (ADA), employers need to be careful how baseline testing is used in their hiring process. For example, conflict may arise if certain questions regarding workability are asked prior to the issuance of a conditional job offer. There are also limits on what questions can be asked at any time during the hiring process, but generally it is permissible to inquire about the following:

  • The applicant’s ability to engage in certain job functions;
  • Inquiry about the prospective employee’s skills and non-medical qualifications; and
  • The applicant’s knowledge of certain job functions.

    FREE DOWNLOAD: “5-Step Sequence to Coordinate Return-to-Work
    with ADA Compliance”

The ADA also allows employers to generally do the following prior to making that candidate an employee:

  • Require applicants to undergo a job-related physical ability test;
  • Provide documentation in the form of medical certification that they are able to perform the essential functions of a position;
  • Testing for illegal use of controlled substances; and
  • Require the prospective employee to assume liability for any injuries resulting from physical testing.

It is also important to be aware of state law concerning these issues and make sure all aspects of the process comply.

Conclusions

Workers’ compensation program administrators should consider baseline testing as part of their cost-control process. When doing so, it is important to know the applicable laws and apply them to your hiring and post-injury investigation processes.

Author Michael Stack, Principal of Amaxx Risk Solutions, Inc. He is an expert in employer communication systems and helps employers reduce their workers comp costs by 20% to 50%. He resides in the Boston area and works as a Qualified Loss Management Program provider working with high experience modification factor companies in the Massachusetts State Risk Pool. As the senior editor of Amaxx’s publishing division, Michael is on the cutting edge of innovation and thought leadership in workers compensation cost containment. http://reduceyourworkerscomp.com/about/. Contact: mstack@reduceyourworkerscomp.com.

©2015 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

SALES TO PAY FOR ACCIDENTS CALCULATOR: http://reduceyourworkerscomp.com/sales-to-pay-for-accidents-calculator/

MODIFIED DUTY CALCULATOR: http://reduceyourworkerscomp.com/transitional-duty-cost-calculators/

WC GROUP: http://www.linkedin.com/groups?homeNewMember=&gid=1922050/

SUBSCRIBE: Workers Comp Resource Center Newsletter

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

FREE DOWNLOAD: “5-Step Sequence to Coordinate Return-to-Work
with ADA Compliance”

Filed Under: Employment Law Issues

Related Articles

Deny Work Comp Claims From Disallowed Unemployment

Deny Work Comp Claims From Disallowed Unemployment

Independent Contractors: Are You an Employee?

Independent Contractors: Are You an Employee?

Employers, Work Comp, And “Diligent Over-Compliance”

Employers, Work Comp, And “Diligent Over-Compliance”

Don’t Hire Your Next Workers Compensation Claim

Don’t Hire Your Next Workers Compensation Claim

Reminder of a NY Decision on Illegals and Workers Comp

Reminder of a NY Decision on Illegals and Workers Comp

Employer Involvement in Work Comp Claims Can Not Be Delegated

Employer Involvement in Work Comp Claims Can Not Be Delegated

Workers Compensation, Employment, and Disability Laws

Workers Compensation, Employment, and Disability Laws

When an Employee Dies

When an Employee Dies

Health Care Workers in the Netherlands Feel the Pressure of Poor Working Conditions

Health Care Workers in the Netherlands Feel the Pressure of Poor Working Conditions

Apple Computer Supplier Gets Audit of Labor Practices

Apple Computer Supplier Gets Audit of Labor Practices

New Toolkit for Workplace Health Programs Unveiled by U.S. Chamber of Commerce

New Toolkit for Workplace Health Programs Unveiled by U.S. Chamber of Commerce

Bands of the RMS Titanic – A Workers Comp Tragedy

Bands of the RMS Titanic – A Workers Comp Tragedy

Free Download

5-Step Sequence to Coordinate Return-to-Work with ADA Compliance - FREE Download Click Here Now!

Train to Succeed

BECOME CERTIFIED IN WORKERS’ COMPENSATION

Proven Course Catalog & WC Toolbox Give You The Power To Achieve Lower Costs and Better Injured Worker Outcomes

VISIT WORKERS' COMP TRAINING CENTER

Previous Post: « New Zealand Employer Fined, Worker Dies on Job
Next Post: Newfoundland and Labrador WHSCC Updates Web Service »

Reader Interactions

Leave a Reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

FREE DOWNLOAD

5-Step Sequence to Coordinate Return-to-Work with ADA Compliance - FREE Download Click Here Now!

Our Sponsors

ARCADIA - Enhancing Settlement Outcomes

The Structured Settlements Company
 

Catastrophic and Risk Solutions, Case Management Solutions, and Specialty Networks
 

MSAs, Section 111 Audits, & Conditional Payment Resolutions
 

Post-Settlement Administration
 

Medcor

Injury Triage, Onsite Clinics

Read Our Award-Winning Blog

Blog Categories

Search Our Archive

Subscribe to Our FREE Newsletter

Return-to-Work Essentials

Footer

Search Our Archive

Search our continually growing archive of over 2500 articles about Workers' Comp issues.

Quiclinks

  • Calculators
  • Terms & Abbreviations
  • Glossary of WC Premium Terms
  • WC Resources
  • Best Practices
  • Industries
  • Return-to-Work Essentials

RSS Recent Blog Posts

  • 11 Tips for Taking an Effective Recorded Statement in Workers’ Compensation Claims
  • 10 Best Practices for the Workers Compensation Claim Handler
  • Properly Handling Mental Claims in Workers’ Compensation
SUBSCRIBE TO OUR FEE NEWSLETTER
Let Us Help You Stomp Down the High Cost of Workers' Comp!
Top of Page ↑
  • Home
  • Training Center
  • Search
  • Membership
  • Products
  • Blog
  • About
  • Contact
  • Subscribe
  • Login
Copyright © 2023 Amaxx, LLC. All Rights Reserved. · Privacy Policy / Legal Notice