RTW question...confused

[BroncoGirl68]

Ok, I'll try to make this as brief as possible.

Shoulder surgery, Rating came back at 10%, FCE permanent restriction of 5 lbs on right arm.

In NV apparently the IC sends the FCE results to the employer, the employer then has 30 days to make a "legitimate" permanent job offer in writing that states they will accommodate the perm restrictions, the job and rate of pay... or they can just say we can not accommodate and the IW goes into voc rehab.

Today, HR called me in and told me that they had to have my permission to evaluate me and told me I had to fill out an ADA accommodation request form. I told him I would not sign anything until I spoke with my attorney, WOW was he mad. I called my attorney and his paralegal said not to sign it until she speaks with the attorney. She said it sounds like they are wanting me to sign it and ask for specific accommodations so they can move me (at MY request) and get out of paying the wage diff.

Has anyone had to fill out ADA paperwork in order to RTW? I don't even know if my injury qualifies under the ADA guidelines. I have not heard back from my attorney and of course I have the patience of a two year old LOL. Just wondered if anyone has dealt with something like this before.

Thanks

[cbg]

I'm sorry, I'm confused. If you have permanent restrictions then it is quite appropriate for the employer to be investigating possible ADA accomodations. I'm afraid I don't know what the attorney is so upset about.

[BroncoGirl68]

I'm sorry, I'm confused. If you have permanent restrictions then it is quite appropriate for the employer to be investigating possible ADA accomodations. I'm afraid I don't know what the attorney is so upset about.

I'm really not sure. I am confused as well. All I was told was that the next step after the ER receives the FCE is either a job offer in writing within 30 days or voc rehab??? I'm completely lost. I hope the attorney calls me back tomorrow to let me know what to do, just hate being in limbo, need to know if I get to keep my job or not.

Thanks for the response

[Betty3]

You can talk it over with your attorney when he calls back but unless I'm
missing something, I don't see where the employer is doing anything wrong.

[CAIW]

If your injury qualifies as a 'disability' under ADA, you must request an accommodation. The ER doesn't have to provide one if not requested.
While not all work injuries result in disability under ADA, Congress expanded that definition where most do now.http://frwebgate.access.gpo.gov/cgi-...406enr.txt.pdf

There is a article here http://www.rjop.com/PDF/Accommodatio...iveProcess.pdf, actually written for Calif. FEHA, but its' basically the same as ADA, and helps explain the interactive process and ADA reasonable accommodations.

There are all kinds of rules under EEOC/ADA, you can follow the links here http://www.eeoc.gov/employees/ for more information.
Here is some definition of "reasonable accommodation"

Reasonable Accommodation

Reasonable accommodation may include, but is not limited to: making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.

Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

As your ER is not required to engage in the interactive process unless requested by the EE/IW, looks like the form you are being asked to sign is just that...your request to engage with the ER in making the determination in making a valid job offer.
Listen to your attorney.

just hate being in limbo, need to know if I get to keep my job or not.

Apparently that is what your ER is attempting to determine.
If your restrictions preclude you from performing the basic job functions of your preinjury position, then 'no' you won't be going back to that job.
Nor is your ER required to create a job for you, or move another person from a job in order to bring you back.

If you are not eligible for benefits under FMLA, which provides up to 12 weeks of job and benefit protections, all this is entirely between you and the ER and NV statutes governing RTW issues as you have described it.

Please note that I have cut/paste most of this from your thread on another board... good luck to you.

[BroncoGirl68]

Well here is the latest. The ADA paperwork did not need to be filled out per my employer the FCE has the info needed. They are working on putting an offer in writing now but the issue is my rate of pay now. I will not be able to continue in my current position with the restrictions.

It's been a roller coaster ride I'd like off of First I was told there would be no position for me, then the ADA confusion, now they want to keep me but are not sure if they can pay me what is required, UGGHHH.

Thanks for all your advice, I will keep you posted on what happens!

[CAIW]

As your employer is unable to pay your preinjury wage, you may be elilgible for wage differential benefits
Check with your attorney, or the claims administrator on these continuing benefits.

There are some requirements the ER/IC must address relating to Vocational Rehabilitation issues.

NRS 616C.530 Priorities for returning injured employee to work. An insurer shall adhere to the following priorities in returning an injured employee to work:

1. Return the injured employee to the job the injured employee had before his or her injury.

2. Return the injured employee to a job with the employer the injured employee worked for before his or her accident that accommodates any limitation imposed by the injury.

3. Return the injured employee to employment with another employer in a job that uses the injured employee’s existing skills.

4. Provide training for the injured employee while the injured employee is working in another vocation.

5. Provide formal training or education for the injured employee in another vocation.

http://www.leg.state.nv.us/NRS/NRS-6...#NRS616CSec530

[BroncoGirl68]

As your employer is unable to pay your preinjury wage, you may be elilgible for wage differential benefits
Check with your attorney, or the claims administrator on these continuing benefits.

There are some requirements the ER/IC must address relating to Vocational Rehabilitation issues.

Thank you for the info...

I received my job offer today and the offer is at 65% of my current and pre-injury wage, totally different job (considered a demotion). Attorney and adjuster are trying to work it out now. So I will sit and wait yet again