Modified Duty and Light Duty
July 12, 2016
Injured workers may return to work under modified or light duty
The physician may determine that you can return to work in a modified or light duty position and give you a note with restrictions on they work you can perform. Your employer may modify your current job to comply with those restrictions or may assign you to less physically demanding job.
If you have been released to return to modified or light duty work and fail to report for work, your benefits may be cut off.
If you return to work at a light duty job, and your employer doesn’t provide you with light duty work within your physical limitations, we will file a petition to protest it and to reinstate your benefits.
If you return to work at a light duty job and, after a good faith try, you are unable to do the light duty work, your workers’ compensation benefits should be reinstated. If they are not reinstated, we will file a petition to reinstate your benefits.
If you return to work at light duty and then your employer lays you off, we will file a petition to reinstate your benefits as long as your lay off is not a result of your misconduct.
If the insurance carrier does not reinstate your benefits, or if your employer does not continue your light duty employment or if their offer of light duty work does not appear to have been an honest attempt on their part, we will file a Petition for Penalties on your behalf. We will also notify the Workers’ Compensation Bureau that your employer and the insurance company are not acting in good faith.