Returning an injured employee to work as soon as possible following a work-related injury is the single most important step in any workers' compensation claim. An early return to work benefits the employee and the employer as it increases productivity and reduces workers' compensation costs. This seminar will focus on practical advice for the employer and insurer to use when dealing with return to work issues, as well as the legal pitfalls to watch out for when returning an injured employee to work.
Areas to be discussed include:
- Maine Workers' Compensation, Return To Work And Employer Rights Issues
- Section 214 And Employer-Initiated Offers To Return To Work
- Suspension Of Benefits Under Section 205
- Section 217 And Employment Rehabilitation
- The Interplay Of Medical Providers And Return To Work
9:00 a.m. - 9:30 a.m.
I. Review Of Maine's Workers' Compensation System
B. General Review Of Maine Workers' Compensation Act, Rules And Regulations, Case Law
9:30 a.m. - 10:15 a.m.
II. Section 214 And Employer-Initiated Offers To Return To Work
A. What Constitutes A Bona Fide Offer Of Reasonable Employment?
B. Whether An Offer Has Been Rejected Without Good And Reasonable Cause
C. Effect Of Rejection Of Offer
D. Entitlement To Compensation If Reinstatement Offer Accepted
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:15 a.m.
III. Voluntary Vocational Rehabilitation
A. Initiation Of Voluntary Efforts
B. Development Of Goals And Objectives
11:15 a.m. - 12:00 p.m.
IV. Section 218 And Employee-Initiated Efforts To Return To Work
A. Entitlement To Reinstatement
B. Requirement Of Reasonable Accommodation
C. Employer Non-Compliance
D. Employee Refusal To Accept Offer
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
V. Section 217 And Formal Request For Vocational Rehabilitation
A. Initiating Request Under Section 217
B. Procedural Considerations
C. Payment Issues
1:45 p.m. - 2:30 p.m.
VI. Medical Examinations And Return To Work
A. Use Of Preferred Medical Providers
B. Use Of Section 207 And Section 312 Examiners
C. Employer Right To Know Medical Information vs. Employee Privacy
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 3:45 p.m.
VII. Suspension Of Benefits Following Return To Work
A. Return To Work For Pre-Injury Employer: Section 205(9)(A)
B. Return To Work For Different Employer: Section 205(9)(B)(1)
C. 21-Day Suspension Or Reduction: Section 205(9)(B)(1)
D. Employee Petition For Review: Section 205(9)(C)
E. Employer Petition For Review: Section 205(9)(B)(2)
3:45 p.m. - 4:30 p.m.
VIII. Section 353 And Discrimination
A. Extent Of Prohibition
B. Recent Developments In Case Law
C. Avoiding Discrimination Claims