COHN Disability and Return-to-Work Questions and Answers

Question 1

An employee returning to work after a non-work-related surgery has a permanent lifting restriction of 15 lbs.
Their essential job functions as a stock clerk require lifting up to 50 lbs.
According to the Americans with Disabilities Act (ADA), what is the occupational health nurse's MOST appropriate initial action?

Accepted Answer

Initiate the interactive process with the employee to explore potential reasonable accommodations.

Answer

Inform the employee they cannot return to their original job due to the medical restriction.

Answer

Request the employee's complete medical file to independently verify the necessity of the restriction.

Answer

Immediately refer the employee to human resources to apply for long-term disability benefits.

Question 2

Which of the following statements accurately describes the relationship between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)?

Accepted Answer

An employee can be entitled to protections under both laws simultaneously, and their rights are determined by the provisions of each separate law.

Answer

An employee who qualifies for FMLA leave is automatically considered to have a disability under the ADA.

Answer

The ADA applies to employers with 50 or more employees, while FMLA applies to those with 15 or more.

Answer

Once an employee exhausts their 12 weeks of FMLA leave, an employer has no further obligation to provide additional leave.

Question 3

When developing a formal transitional duty program, which component is MOST essential for ensuring the program is effective and legally compliant?

Accepted Answer

Written, goal-oriented plans for each employee with a specified duration and clear objectives for progressing back to full duty.

Answer

A policy that limits program eligibility exclusively to employees with work-related injuries to control workers' compensation costs.

Answer

An agreement with a local non-profit to place all employees on modified duty off-site to avoid workplace disruptions.

Answer

A requirement that employees must be at least 75% recovered before they are eligible to participate in any transitional work.

Question 4

An employee is medically cleared to return to work without restrictions after an injury, but tells the occupational health nurse, "I'm terrified I'm going to hurt myself again just by doing my regular tasks." This statement indicates a significant barrier to a successful return to work. What is this type of barrier best described as?

Accepted Answer

A psychosocial factor influencing recovery.

Answer

A legal impediment related to liability.

Answer

A failure of the medical provider to communicate clearance.

Answer

An administrative policy conflict.

Question 5

In the context of disability management, a well-documented analysis of a job's essential functions is MOST critical for which reason?

Accepted Answer

It provides the objective basis for engaging in the interactive process and determining if a reasonable accommodation is possible.

Answer

It is the primary document used to file for workers' compensation benefits.

Answer

It allows a supervisor to re-assign any tasks the returning employee feels uncomfortable performing.

Answer

It guarantees an employee the right to return to their exact pre-injury position regardless of medical restrictions.

Question 6

An employee is returning to a physically demanding job with a temporary restriction of 'no lifting over 20 pounds.' Which of the following represents the MOST appropriate communication from the occupational health nurse to the employee's direct supervisor?

Accepted Answer

"Jane is returning to work tomorrow. For the next four weeks, she is restricted from lifting anything over 20 pounds. Let's discuss how we can accommodate this in her duties."

Answer

"Jane is returning tomorrow, but be aware she has a rotator cuff tear and is still in physical therapy."

Answer

"You will need to ensure Jane follows all her medical restrictions, and you should report any non-compliance to me immediately."

Answer

"To maintain confidentiality, I cannot share any information about Jane's return. Please observe her and let me know if you see any issues."