WCC Interactive Process Checklist

CSRMA: Workers’ Compensation Management Program

WORKERS’ COMPENSATION COORDINATOR PROCEDURES

WCC INTERACTIVE PROCESS CHECKLIST

Overview of the Interactive Process

In the State of California, an Employee who is unable to return to his/her Usual & Customary position due to a work-related injury is entitled to participate in an interactive process with their Employer. This process is used to determine whether the Employee can perform their Usual & Customary position or another position within the Agency with or without a reasonable accommodation. The Agency has a limited time to offer a Modified or Alternative position to the Employee so it is important to expedite this process. Stay in close communication with the Third Party Administrator during this process to ensure that all deadlines are met and the Employee is given the benefit of a comprehensive interactive process.

Step 1. INTERACTIVE PROCESS PROCEDURES:

Discuss with the Employee, the Supervisor and Management the possibility of modifying the Employee’s Usual & Customary position. Use the Interactive Process: Accommodation Worksheet[*] to facilitate this activity. Make copies of the blank worksheet first for future use.

A. List the essential and marginal functions of the position or attach the Job Description. Place a check mark next to each function that is affected by the Employee’s physical restrictions.

B. Discuss possible accommodations that would enable the Employee to perform the position. Document each accommodation suggested by or discussed with the Employee. Note: the Employee must be able to perform the essential functions of the position either with or without accommodation; however, a possible accommodation could be the elimination of a marginal function from the job description.

C. If a possible accommodation is not identified, consult the Job Accommodation Network at http://www.jan.wvu.edu/ or (800) 526-7234 for assistance and information. (See Reference Guide, Related Laws & Services Section)

D. If an appropriate accommodation is identified, describe the accommodation and indicate any associated costs. Also describe the rationale for selecting this accommodation if more than one possibility was explored.

If an appropriate Modification of the Usual & Customary position is not identified:

Conduct a search of the open positions first throughout the Employee’s Department and then throughout other Departments. Determine if any open positions may be appropriate for the Employee with or without accommodation. Take into consideration union regulations pertaining to classifications. If one or more positions are identified, use the Accommodation Worksheet* if necessary (see instructions above) to identify any necessary accommodation. If no accommodation is necessary, or if appropriate accommodation is identified, then proceed to Step 2 (see reverse side of this card). If an appropriate position is not identified, continue below.

If no possible positions are identified in the search:

Send the Job Opportunities Letter* to the Employee with a list of the available positions throughout the Agency. Upon receipt of the Job Opportunities Response Form*, meet with the Employee and the Department Manager for any appropriate positions to determine if the position would be appropriate for the Employee with or without accommodation. Take into consideration union regulations pertaining to classifications. Use the Interactive Process: Accommodation Worksheet* and the instructions above if necessary to facilitate this process. Proceed to Step 2 (see reverse side of this card) whether or not an appropriate position is identified.

FRONT INTERACTIVE PROCESS CHECKLIST

CSRMA: Workers’ Compensation Management Program

WORKERS’ COMPENSATION COORDINATOR PROCEDURES

WCC INTERACTIVE PROCESS

Step 2: Interactive Process Completion

Step 2. If a position is identified that can be offered to the Employee:

r Complete “Notice of Offer of Modified or Alternative Work.” [*]. Indicate whether the offer is for a Modified or an Alternative position. Be sure to use the correct form depending on the Date of Injury.

r Send the notice to the TPA using the letter, Letter to TPA Re: Modified/Alternative Offer*. Enclose the job description if one is available.

r File all documentation of the Interactive Process in the Employee’s file.

r If the Employee accepts the job offer, send the Modified/Alternative Offer Acceptance Letter* to the Employee. If the Employee rejects the offer, notify the TPA and contact the CSRMA Employment Practices Liability Hotline at: LCW (415) 512-3000 or (310) 981-2000.

If a position is not identified within 25 days:

r Call the TPA to determine the plan of action.

r Use the letter, Letter to TPA Re: No Modified or Alternate Placement Available*, to notify the TPA that the Agency is unable to offer a position.

r File all documentation of the Interactive Process in the Employee’s file.

r Contact CSRMA Employment Practices Liability Hotline at: LCW (415) 512-3000 or (310) 981-2000

BACK INTERACTIVE PROCESS CHECKLIST

[*] All forms are available in the Forms Section of the Instruction Manual.