In the section on Modified Duties, or suitable duties, as they are called in the workers’ compensation arena the point is made that employers need to ensure the documents and other discussions surrounding the initial and ongoing offer of modified duties should reflect they are temporary and time-limited pending a return to the agreed position ie in most cases the pre-injury role. The authors also note the length of time the modified duties are offered needs to be carefully considered and regularly reviewed to avoid suggestions that since the worker has been doing them for so long, it is not a burden for the employer to continue offering the modified duties and it is unfair to withdraw them. Keeping the following 5 steps in mind should assist in controlling the above risk:
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