It gets confusing for employers and claims administrators when employees have work-related injuries. While not required under Workers’ Comp, the ADA obligates employers to engage in a good faith, timely interactive process with their employees to review functional limitations (aka work restrictions in Workers’ Comp) against the job’s essential functions to determine what, if any, accommodations can be achieved. Failure to engage in the interactive process can be a costly venture for employers.
And, the picture gets even more complicated when the PTP says one thing and the QME or AME says another. Workers’ Comp has an hierarchical approach to which doctor’s guidelines are used for permanent disability and settlement purposes. ADA requires that ALL doctors’ notes be considered along with the employee’s perspective!
Our Subject Matter Expert, Felicia Amenta, joins Dr. D, The MINDSET Doc, with an impressive background. Here’s Felicia’s foundation on which she can speak so authoritatively:
Felicia has over 30 years of experience in the workers’ compensation arena working with insurance companies, employers, third party administrators, health care providers, and self-insured public entities. She possesses Certificates in Self-Insured Plan Administration and Workers’ Compensation Claims Administration as well as completed the Essentials in Risk Pool Management in the State of California.
She previously served as the Claims Manager of the San Diego office for third-party administrator, Sedgwick. Currently, Felicia is responsible for the CA self-insured workers’ compensation program for the San Diego County Schools Risk Management JPA with over 60 school districts, community colleges, and charter school members in their workers’ compensation pool.
1) What are 5 common mistakes employers and claims administrators make when it comes to managing work-related injuries in light of the ADA?
2) What are 3 things employers should keep in mind when it comes to navigating ADA, WC and the Education Code?
3) What are 2 myths that employers and claims administrators have about the ADA?
4) What is the #1 recommendation you have for employers in 2020?
For more information on MINDSET Mondays and Dr. D’s programs for Navigating the Interactive Process, check it out here: https://relationships-at-work.com/podcasts/