Wednesday, January 20, 2021
In the state of Ohio, a light-duty job offer is a strategic way to either bring an injured worker back to the workforce or bar temporary total compensation, should the injured worker reject a valid offer. Either way, it can aid employers in eliminating, minimizing, and/or stopping temporary total disability compensation from being paid in a claim.
The Ohio Revised Code prohibits payment of temporary total compensation when work within the employee’s physical capabilities is made available by an employer. The Ohio Administrative Code outlines the requirements for a valid light-duty job offer. While offers will often be presented in person or verbally over the phone, it is always advisable to send a copy via certified mail to ensure proof of receipt. If a verbal light-duty offer is rejected, the employer must provide a written job offer at least 48 hours prior to filing a request to terminate temporary total benefits and supply the written offer as evidence accompanying the filing. The written offer must identify the light-duty position being offered, include a description of the duties required, and clearly specify the physical demands of the position. The offer should also contain the start date, the hours, and the rate of pay. The Administrative Code also requires the job offer be made in good faith (various factors may be considered in this determination), be an offer of suitable employment (meaning work within the employee’s physical capabilities), and is within a reasonable proximity to the injured worker’s residence.