RE-WRITE THE HOMEWORK

Midwestern Insurance Alliance

Modified Duty Policy

April 5, 2014

Purpose

This "Modified Duty Policy" (MDP) is intended to serve as a management guide to assist our employees who have been injured at work return to gainful, productive employment with our company as soon as possible following the injury, while ensuring that they adhere to temporary, physician-imposed physical restrictions relating to that injury.

Background

The term “modified duty” refers to the temporary job assignment that conforms to the treating physician's imposed limitations, when the injured employee’s regular job duties may violate those temporary physical restrictions. The temporary job assignment may, or may not be in the same classification or location as the employee’s regular job. Additionally, the temporary job assignment may or may not be equivalent (in terms of weekly hour’s worked and/or monetary compensation received) to the employee's regular job. Modified assignments will be determined based upon the availability of the position, department needs, and restrictions placed upon the individual by the employee's treating physician and will be available on a temporary basis, generally up to 90 days.

Duration

This program is not intended for employees with injuries that require a permanent modification of their regular job duties. Individuals accepted into this program should have a predicted full recovery within the 90-day time-frame. However, if this is not feasible, Human Resources will attempt to arrange for an assignment in some other area of the company as may be available. The company may revoke, change or supplement this policy at any time upon written notice. Nothing herein is a contractual commitment and shall not be construed as such.

Responsibilities

Management

· Provision of the necessary support and resources for those involved in the modified duty program.

· Assistance with employee placements

· Ensuring that ethical standards are met in the program

Supervisors

· Completion of report and accident forms when an injury occurs

· Evaluating the availability of alternative duties

· Communication of modified duty options to the Human Resources Manager and the Workers’ Compensation

· Completing modified duty forms for the employees

Employees

· Reporting injuries to the relevant supervisors and meeting with the suggested provider

· Cooperating with the Safety and Human Resources as well as the Workers’ Compensation Administrator for relevant departments

Worker’s Compensation Administrator

· Administering Midwestern Insurance Alliance’s modified duty Program

· Collaborating with the supervisors, the human resource department and preferred providers, Human Resources Department to place employees in the modified duty programs

· Ensuring a timely distribution of necessary program through the coordination of communication

· Coordinating vocational rehabilitation training programs for employees that have suffered permanent disability

· Maintaining Midwestern Insurance Alliance’s central list of preferred providers

Human Resources Manager

· Aiding the Workers’ Compensation Administrator in placement decisions which necessitates assignment of new positions

· Offering guidance with regards to salary grade and wage equity

· Approving of temporary assignments which go beyond the 90-days limit

Scope

All employees of our company are eligible to return to work following a work-related injury through the application of this modified duty policy, considering that the following criterion exist.

· Has been deemed unable to perform regular job duties by a licensed primary treating physician

· Has an employment contract with the Midwestern Insurance Alliance which would otherwise continue after the modified duty policy is completed

· Has emotional, physical and mental abilities necessary to execute work in the recognized MDP position(s)

· Unable to perform his or her essential duties, following illness or injury; and

· The employee’s injury has been determined to be work-related and compensable under current workers' compensation legislation; and

· The physical restrictions imposed by the treating physician are specific (for example: No lifting over 50 pounds); and

· Is capable of performing the duties of the modified job assignment; and

· The physical restrictions imposed by the treating physician are for a specified, temporary period (for example: 10 days); and

· Work-related tasks which are within the physical limitations of the treating physician are available and are within the physical and skill capacities of the injured employee, with reasonable accommodations made by the employer, the injured employee or both.

· Is expected to return to his or her regular job duties on a full-time basis generally within 90 calendar days

Communicating the Availability of Modified Duty Work Assignments

For every work-related injury that has the potential to involve time off-work and/or physician imposed physical restrictions, the injured employee and an employer representative (both) shall inform the treating physician of the availability of modified duty work assignments.

In addition to notifying the treating physician, the employer shall also inform the workers’ compensation insurance carrier of the availability of modified duty work assignments with every reported injury that has the potential to involve time off-work and/or physician-imposed physical restrictions.

Once the employee has been approved for a temporary modified duty assignment, he or she will receive a letter from Human Resources outlining the job responsibilities, start and projected end date of the temporary assignment and location of the position. The employee must sign this letter and return to Human Resources within 7 days of receipt of this letter. Failure to sign and return this letter within the required timeframe will be concluded as a refusal to participate in the company’s Return to Work Program and could result in loss of benefits and termination subject to applicable laws such as The Americans with Disabilities Act (ADA), The Rehabilitation Act of 1973, the Family Medical Leave Act (FMLA) and Workers Compensation.

Periodic Progress Review

For all employees who have suffered injuries and are in the process of getting into a modified duty program, there should be a period review of their progress. This duty shall be overseen by the relevant supervisor for each department. The same case applies to those who are already in the program. They shall also undergo periodic progress review, but in this case it is the worker’s compensation administrator who will be in charge of the process.

Monetary Compensation

Wages earned by employees engaged in "modified duty" tasks, assigned as a result of a work-related injury, will be based upon the work being performed, and may be less than the wages paid to that employee during periods in which the employee is performing "normal" job functions. (See attached sample of potential modified duty work assignments.)

In the event that the wage paid for performing a modified duty work assignment is less than the employee’s normal regular duty wage (and/or a modified duty work assignment is available only for a portion of the employee's normal weekly hours) it is possible that the employee will be compensated through workers' compensation benefits, for the difference between the amount earned and the amount of the workers’ compensation benefits that would have been paid in the complete absence of a modified duty assignment.

Limited Nature of Modified Duty Assignment

By definition, modified duty work assignments are temporary. In no way should a modified duty work assignment be perceived as permanent work activity. As such, any modified duty work assignment must be reviewed by the management of this company and the company’s workers’ compensation carrier to determine if the modified duty work assignment is to be extended beyond the initial 90 day period. In the event that a modified duty work assignment is permitted to extend beyond the initial 90 day period, a similar review will be conducted every 30 days thereafter.

Refusal of Modified Duty Assignment

As previously noted, this company will make reasonable efforts to apply this modified duty policy. As long as the assigned modified duty work does not violate the treating physician's imposed physical restrictions, the employee is expected to return to work and perform the assigned tasks to the best of his/her ability. Refusal of a modified duty work assignment may result in the termination of workers’ compensation indemnity benefits and/or the termination of employment.

Potential Modified Duty Work Assignments

The following is a partial list of modified duty tasks that may be available, and includes a brief description of the physical requirements of each task and the wage to be paid for performing that task while on a modified duty work assignment. Additional modified duties shall be devised to meet other demands.

FMLA leave and Worker’s Compensation leave run concurrently

If the employee has exhausted all leave under the applicable laws and policies of the Company and FMLA, the Company has the option to approve or deny the leave of absence request. If leave without pay is denied, employment with the Company will be terminated subject to and as allowed by law.

End of Modified Duty

Suitability for employment and return to work will be coordinated with the mandates of Worker's Compensation laws, Family Medical Leave Act, Americans with Disabilities Act, The Rehabilitation Act of 1973 and any and all similar state or federal laws. An employee who is unable to return to his/her regularly assigned duties at the end of the modified duty agreement may request a leave of absence through his/her supervisor or may elect to terminate his/her employment with the company.

Eligibility for the Program terminates once a worker is released to his or her regular job duties, or at 90 days, unless an extension is granted by worker’s compensation administrator. The Program may also be terminated for superseding employment actions that may be unrelated to this Program or lack of adherence to the modified duty program guidelines.

References

Feuerstein, M., Shaw, W. S., Lincoln, A. E., Miller, V. I., & Wood, P. M. (2003). Clinical and workplace factors associated with a return to modified duty in work-related upper extremity disorders. Pain, 102(1-2), 51-61.

Kulner, K. (2008). Use of Modified Duty Personnel to audit Hand Hygiene and Isolation compliance as well as other epidemiology focus issues in a large urban teaching facility. American Journal of Infection Control, 36(5), E121-E122.

Lewis, J. (2011, September 26). Can an Employee Refuse Modified Duty?. eHow. Retrieved May 7, 2014, from http://www.ehow.com/info_12098195_can-employee-refuse-modified-duty.html

Gordon, PC.. (n. d.). Modified Duty and Light Duty - Rothman Gordon P.C.. Modified Duty and Light Duty - Rothman Gordon P.C.. Retrieved May 7, 2014, from http://www.rothmangordon.com/workers-compensation-social-security-disability/modified-duty-and-light-duty/

Tan, S. (2010, August 9). Modified Work Duties. eHow. Retrieved May 7, 2014, from http://www.ehow.com/list_6847757_modified-work-duties.html

Appendix I: Insurance Agents/Broker Job Description

Insurance agents and brokers play an important role in marketing life insurance policies. They are the face of the insurance company. Most of the insurance policies world over are sold by insurance agents and brokers. From the insurance company point of they are the marketing and selling agents for their insurance plans. The following are the basic function they should perform:

· Provide all the necessary application forms. 

· Submit application forms to the company. 

· Arrange for all the medical tests and related formalities. 

· Provide reminders premiums payments and return receipts. 

· Should help you make necessary changes in address, nomination etc. 

· Help in the process of assignment 

· Assist you for any loan applications and related formalities 

· Should help you revive lapsed policies 

· Assist in claiming death benefits, if required

· Provide you with all the necessary application forms

· Submit your application forms to the insurance company

· Arrange with you all the medical tests and other associated formalities for buying an insurance policy

· Provide you with reminders about the premium payments and about getting the return receipts

· They are also supposed to help you make necessary changes in the address, and any other information

· Help you with the whole process of the assignment of the policy

· Assist you with any kind of loan applications and other associated formalities

· The agents are also supposed to help you with reviving the policies that have lapsed

· They are supposed to assist you in claiming the various benefits as and when required

Insurance agents and the insurance brokers play a very important role in marketing of the insurance policies. They are the main representatives or the face of the insurance companies. Majority of insurance policies throughout the world are being sold by the insurance agents and the brokers. All the agents are mainly registered under the insurance agents association or the PIA (National Association of Professional Insurance Agents).

Appendix II: Accident Reporting and Return to Work Process Form

___________________________ is committed to providing and promoting a safe and healthy workplace for our employees. Preventing accidents, injuries and illness is our primary objective.

When an employee is injured on the job, we will arrange for immediate, appropriate medical attention. ___________________________ will use our return to work process to assist the employee by creating opportunities for them to return to a safe transitional work environment as soon as medically feasible.

Our designated medical provider to assist us in these efforts is ___________________________.

Our ultimate goal is to return our injured employees to their original jobs. If an injured employee is unable to perform all of the primary functions of the original job,

___________________________ will make every effort to provide a transitional work assignment that will meet the worker’s abilities after injury.

The success of this process involves the combined efforts of managements, supervisors, human resource manager, worker’s compensation insurance provider as well as the employees.

Authorized Signature: _________________________________________________________