RTW rules provide incentives for an employer to retain injured employees once they have been released by their physicians to work. What are the two major financial incentives offered to employers? In your opinion, are these incentives enough? AND...If an employee is offered Regular, Modified or alternative work, even if they decline the offer, are they entitled to an 'SJDB voucher'?
The two major financial incentives offered to employers are: a)If an employer serves the employee with a notice of offer of regual work, modified work, or alternative work for a period of at least 12 months, and in accordance with requirements, each payment of PPD remaining to be paid from the date the offer was served on the employee is to be paid in accordance with LC 4658(d)(1) and decreased by 15 percent, regardless of whether the employee accepts or rejects the offer; and b)if the claims administrator relies on a P&S date contained in a medical report prepared by the employee's PTP, QME, or AME, but there is a dispute as to an employee's P&S status, and there has been a notice of offer of work served on the employee, the claims administrator may withhold 15% from each payment of PPD remaining to be paid from the date the notice of offer was served on the employee until there has been a final judicial determination of the date that the employee is P&S persuant to LC 4062. The claims administrator is not required to reimburse PPD benefit payments that have been withheld pursuant to this provision during any period for which the employee is entitled to TD benefit payments. In my opinion, these incentives are enough. AND... The employer is not liable for the SJDB if: a) Within 30 days of the termination of TD indemnity payments, employer offers, and the employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, modified work, accommodating the employee's work restrictions, lasting at least 12 months; or if b)Within 30 days of the termination of TD indemnity payments, employer offers, and the employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, alternative work meeting certain conditions.