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
Gold Medal Ceremony Congrats to our Canadian friends
Gold Medal Ceremony Discussion, Questions, Concerns?
