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AUDIO CONFERENCE
Modified Duties: Ensuring early and safe return to work

WHEN:

Thursday, September 17, 2009
12:30 p.m. – 2:00 p.m. EDT

Playback: Monday, September 21, 3:30 p.m. – 5:00 p.m. EDT

   
WHERE: Your own office or boardroom
   
MODERATORS:  
   

Anne Gregory

Union Counsel
Canadian Union of Public Employees

   

Noella Martin

Employer Counsel
Wickwire Holm

   
SPEAKERS:  
   

Rebecca Saturley

Employer Counsel
Stewart McKelvey

   

Ken Stuebing

Union Counsel
CaleyWray Labour and Employment Lawyers

   

ISSUES:

An improperly devised return to work program can result in recurrence of injury, higher accommodation costs, and expensive litigation. In this session, we will evaluate critical steps that must be taken in the development of an effective modified work program that will assist injured workers to return to work in a safe and timely manner, and reduce injury-related costs. Our expert panel will also provide insight into how common mistakes, that jeopardize a worker's safety and productivity, can be avoided. Topics to be discussed include:

  • Program and policy: Should your workplace have a formal modified work program and policy? What are the key elements of an effective policy?
  • Identifying modified duties: How do you identify the right opportunity for an injured worker? Who should be involved in this process? How have adjudicators in recent cases defined the scope of an acceptable search for modified duties? What are the potential problems that arise in the implementation of a modified work program? What is the impact of the assignment of modified duties on the accrual of sick pay, seniority and other benefits?
  • "Time to heal" and "active recovery in the workplace": How can one ensure that a health professional's concern for "time to heal" conforms with the guiding principles of early and safe return to work? Are there penalties for employers who press injured workers to return to work too early in order to minimize workplace safety and insurance claim costs?
  • Mental health: If there are mental health limitations, how should they be factored into the work assignment? When should an uncooperative injured employee be tested for mental illness before termination of benefits?
  • Resolving disputes: How can disputes regarding the suitability of a work assignment be effectively resolved? What are the key differences between employee non-cooperation and the legitimate refusal of modified work?
  • Special circumstances: What are the employer's obligations when permanent alternative work is medically required? When suitable work is not available? Or when a worker has been on the modified work program for over 6 months? How does performance of modified work affect entitlement to LTD? Is the employer required to provide assistive devices or personal tools needed for the performance of modified work?
 

This program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certification.

Labour Law             1.5 hours

 
This Audio Conference has been approved by the Law Society of B.C. for 1.5 hours of 2009 Continuing Professional Development credits.
   
MATERIALS: Valuable, up-to-date materials and case summaries will be available for downloading from our website.
   
REGISTRATION FEE:

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.

 
CDs: Audio conference CDs, including a PDF copy of the materials from the conference, are available for $175 + GST per conference ($75 + GST for registrants). Click here to order.
 
REGISTRATION INFORMATION: When you register, you'll be given a toll-free number to dial at the time of the session and an access code to join the call. For additional program and registration information, call Lancaster House at 416-977-6618 or register now.
Click here for registration information, or call
Lancaster House at 416-977-6618
 
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