Coax the rock to take the gold

Coax the Rock…to take the Gold

March 5, 2014 Hanba Lazar P.C.

Larry CianciosiMike Roney

Gold Medal Round:

Workers Compensation Disability ActVerses

Americans with Disability Act

Offers of Reasonable Employment and Accommodations

Game Strategy: Game 1: Warm Up

Game 2: Legal Requirements Game 3: Notice

Game 4: Best Practices Game 5: Overlap

Game 6: Helpful Resources Gold Medal Ceremony

A good warm Up:

Warm Up: Workers Disability Compensation Act:

December 19th 2011 Amendments

Clarifies definition of disability

Warm Up: Workers Disability Compensation Act:

December 19th 2011 Amendments

Allows partial disability in many cases

Warm Up: Workers Disability Compensation Act:

December 19th 2011 Amendments

Employer credits for unearned wages

Warm Up: Workers Disability Compensation Act:

December 19th 2011 Amendments

Mandates an affirmative duty on the employee to mitigate wage loss by requiring a good faith job search

Warm Up: Workers Disability Compensation Act:

December 19th 2011 Amendments

Employees who refuse (without good and reasonable cause) offers of reasonable employment are disqualified from any wage loss benefits

Warm Up: Workers Disability Compensation Act:

December 19th 2011 Amendments

Reasonable employment- unlimited possibilities

Warm Up: Americas with Disability Act:

ADA- 1990 Federal Legislation

Prohibits discrimination of a qualified individual on the basis of disability in all aspects of employment

Warm Up: Americas with Disability Act:

Qualified individual

A person who with or without a reasonable accommodation can perform the essential functions of the employment position that the individual holds or desires

Warm Up: Americas with Disability Act:

Disability Defined in one of three ways

Warm Up: Americas with Disability Act:

ADA Prohibits

Warm Up: Americas with Disability Act:

ADA Amendment Act of 2008 Effective January 2009

Warm Up: Americas with Disability Act:

ADA broadens the definition of major life activities… to include curling… (or maybe it should have)

Warm Up: Americas with Disability Act:

Statistically, ADAAA expanded the audience from 2 million to over 6 million people eligible

Thus allowing curling to increase fan base

Game 2: Employers Legal Requirements: WCDA vs ADA

WCDA- offers of reasonable employment are at the employers discretion

ADA- accommodations are mandatory. Exceptions…

Game 3: Notice: WCDA vs ADA

WCDA- Offers of favored work notice by employer to employee in writing

ADA- Can be by employee or employer or third party provider They can written or verbal They don’t have to mention ADA or

accommodation

Game 4: Best Practice After Request, i.e.…Game on.

Determine essential job functions

Game 4: Best Practice After Request, i.e. …Game on.

Determine if they can do the essentials

Game 4: Best Practice After Request, i.e.…Game on.

Gather necessary information

Game 4: Best Practice After Request, i.e.…Game on.

Develop follow up procedures

Game 4: Best Practice After Request, i.e.…Game on.

Use interactive process

Game 4: Best Practice After Request, i.e.…Game on.

Set up meeting with employee

Game 4: Best Practice After Request, i.e.…Game on.

Summarize in writing

Game 4: Best Practice After Request, i.e.…Game on.

Determine accommodation and advise

Game 4: Best Practice After Request, i.e.…Game on.

Document and explain accommodation denials

Game 5: Overlap of Employer Requirements

Not all WCDA injuries are covered under ADA

Game 5: Overlap of Employer Requirements

No requirement under WCDA to offer reasonable employment

Game 5: Overlap of Employer Requirements

ADA allows employers to establish return to work programs for injured workers

Game 5: Overlap of Employer Requirements

The key is when does a WCDA injury require an ADA analysis

Game 5: Overlap of Employer Requirements

Offers of reasonable employment provides employers a wide range of return to work options

Game 5: Overlap of Employer Requirements

ADA accommodations do not mandate that an employer must: Create a light duty position for non

occupational injuries

Game 5: Overlap of Employer Requirements

ADA accommodations may require that an employer: Modify work schedules or leave

Game 5: Overlap of Employer Requirements

ADA accommodations may require that an employer: Change location of work performed

Game 6: Helpful Resources

Job Accommodation Network (JAN) Askjan.org

EEOC www.eeoc.gov

[email protected]

Gold Medal Ceremony Congrats to our Canadian friends

Gold Medal Ceremony Discussion, Questions, Concerns?