Modified Duty Job offers
Your employer and your claims examiner are charged with the responsibility of getting you back to work as quickly as possible. You may feel that you have been targeted to come back to work too early. You may feel that the modified job offer is not within your restrictions. You are probably right.
Claims Examiner Obligations
The claims examiner must determine whether the written job offer from your employer is suitable for you.
If suitable, the claims examiner must telephone the employer and confirm that the job remains open to you.
Send a written offer to you.
The offer must include specific details and information about the proposed employment.
Your Obligations
Determine if the job offer is suitable.
Provide the job offer to your physician.
NOTE:
Your suitability for the job includes a great many factors. An inadequate calculation by the claims examiner will allow us to challenge the job that you are offered.
Whether to Return to Work or Not:
Your attorney may be able to provide your physician with the legal points that will allow him/her to give a well rationalized opinion as to why you cannot perform the job offered.
If your attorney and your doctor can provide a rationalized opinion why you cant do the job, you will be able to decline the position and force action by the claims examiner.
The CE must secure a second opinion for an in-person exam to dispute your doctors opinion that you cant perform the job offered. If the CE does not secure a second opinion to create a conflict with the opinion of your doctor, your attorney should appeal the finding to the proper authority. Sometimes the CE will ask for comment on a written job offer from a doctor that hasnt seen you in months. That opinion is of little value.
Understand that you may be able to refuse employment under certain specific conditions. You must be very careful in declining employment, however, as you could be terminated. You should call us immediately when offered return employment by your employer or the claims examiner as your timeframe to challenge the position is limited.