Q & A – I have modified duty work available but the injured worker is refusing to work. What can I do?

Q:  I have modified duty work available but the injured worker is refusing to work. What can I do?

A: The workers’ compensation rules of procedure have a special procedure available to employers that allows an employer to send the description of the modified job to the workers’ compensation physician for approval.  If the doctor gives approval that the injured worker is capable of performing the job, the employer can notify the injured worker in writing by certified mail that the injured worker must return to work in the specified, physician approved job or be subject to a termination of TTD benefits.  This process is useful and successful in most instances but may need to be repeated multiple times when dealing with sophisticated and determined injured workers who would prefer to sit at home and collect TTD benefits.