BOARD RULE 240, BOARD FORM WC-240 AND SUITABLE
LIGHT DUTY OFFERS OF EMPLOYMENT CHECKLIST
- Has the authorized treating
physician released the claimant to return to
work with restrictions?
- If the claimant is released
to return to work with restrictions by the authorized
treating physician, have the authorized treating
physician review and approve an accurate and
detailed job description. Consider using Board
form WC-240(a) for the job description.
- At the time that the
job description is forwarded to the authorized
treating physician for a review and hopefully
approval, send a copy to the Employee or the
Employee's attorney if represented.
- At the time the authorized
treating physician reviews and hopefully approves
the light duty job description, the claimant
must have been physically examined by the authorized
treating physician within the last 60 days.
- Make offer of suitable
light duty employment to the claimant utilizing
the WC-240 board form, attach a copy of the
physician approved job description to the WC-240
form. Make sure to properly complete the 240
form, including all information required on
the face of the form. Please note, the 240 form
should be signed by the Employer if possible,
if not, make sure and indicate who is signing
the job offer.
- Attach a copy of the
job description to the WC-240 to be sent to
the claimant, giving the claimant 10 days notice
of the job offer. I would suggest allowing an
additional 2 to 3 days for mailing. Also, it
is suggested that the offer be sent regular
and certified mail to the Employee and the Employee's
If Employee Does Not Report
to the Properly Offered Job
- If the Claimant refuses to report to a properly
offered job, then weekly TTD benefits may be
suspended unilaterally as of the date of the
- A WC-2 form must be filed with the Board
to suspend benefits and you should attach the
WC-240 with all supporting documentation to
the WC-2 form.
If the Employee Attemps the
Job But Does Not Complete 15 Actual Work Days
- If the claimant attempts the job but does
not complete the actual 15 days of work, then
weekly TTD benefits must be immediately reinstated.
At this time, if the Employer feels that the
claimant is unjustifiably refusing to continue
to work the light duty job, then the Employer
may request a hearing making this allegation
and seeking to suspend benefits.
The Claimant Returns But Is
- Keep in mind that if the claimant returns
to work but is earning less money because of
his restrictions, then TPD benefits are owed
and a WC-2 form should be filed reflecting the
suspension of TTD benefits and the commencement
of TPD benefits.
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