COHN Disability and Return-to-Work 2 — Questions and Answers
Question 1: Under the ADA, which of the following best defines 'reasonable accommodation' in the context of return-to-work?
- Any modification that eliminates all physical demands of a job
- A modification or adjustment that enables a qualified individual with a disability to perform essential job functions (Correct answer)
- Reassignment to a higher-paying position to compensate for limitations
- Providing unlimited leave until the employee fully recovers
Correct answer: A modification or adjustment that enables a qualified individual with a disability to perform essential job functions
Reasonable accommodation is a modification or adjustment that enables a qualified individual with a disability to perform essential job functions without causing undue hardship to the employer.
Question 2: A functional capacity evaluation (FCE) is primarily used in return-to-work programs to:
- Determine an employee's eligibility for workers' compensation benefits
- Objectively measure a worker's physical abilities and compare them to job demands (Correct answer)
- Establish the employee's psychological readiness to return to work
- Calculate the cost of workplace modifications needed
Correct answer: Objectively measure a worker's physical abilities and compare them to job demands
An FCE objectively measures a worker's physical abilities, endurance, and tolerances, then compares these to the specific demands of their job.
Question 3: Which federal law requires employers with 50 or more employees to provide up to 12 weeks of unpaid, job-protected leave for serious health conditions?
- Americans with Disabilities Act (ADA)
- Rehabilitation Act of 1973
- Family and Medical Leave Act (FMLA) (Correct answer)
- Occupational Safety and Health Act (OSHA)
Correct answer: Family and Medical Leave Act (FMLA)
The FMLA requires covered employers (50+ employees) to provide eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons including serious health conditions.
Question 4: In a transitional duty program, a light-duty assignment should primarily be:
- Permanent to prevent re-injury
- Temporary, goal-oriented, and designed to progress toward full duty (Correct answer)
- Limited to sedentary office tasks regardless of the worker's trade
- Assigned without input from the treating physician
Correct answer: Temporary, goal-oriented, and designed to progress toward full duty
Transitional duty should be temporary and goal-oriented, with progressive increases in activity designed to return the worker to their original position.
Question 5: Which of the following is the COHN's primary role when coordinating a return-to-work case?
- Making final medical decisions about work restrictions
- Serving as a liaison between the employee, employer, physician, and insurer (Correct answer)
- Negotiating workers' compensation settlements on behalf of employees
- Approving or denying FMLA leave requests
Correct answer: Serving as a liaison between the employee, employer, physician, and insurer
The COHN serves as a case coordinator and liaison, facilitating communication among all stakeholders to support a safe and timely return to work.
Question 6: An employee returns to work after a back injury with a 20-pound lifting restriction. The employer's only available position requires 50-pound lifts. What should the COHN recommend?
- Allow the employee to work and document any re-injuries
- Explore transitional duty modifications or identify alternative temporary assignments (Correct answer)
- Terminate the employee for inability to perform job duties
- Have the employee attempt the full-duty job to test their actual capacity
Correct answer: Explore transitional duty modifications or identify alternative temporary assignments
The COHN should explore modified duty options or alternative assignments that comply with the physician's restrictions while keeping the employee productively working.
Question 7: The term 'maximum medical improvement' (MMI) in occupational health means:
- The employee has fully recovered and has no permanent impairment
- The condition has stabilized and is unlikely to improve significantly with further treatment (Correct answer)
- The employee is cleared for unrestricted full-duty work
- The employee's injury claim is closed and no further benefits are payable
Correct answer: The condition has stabilized and is unlikely to improve significantly with further treatment
MMI indicates that a condition has reached a plateau and is unlikely to improve significantly with further medical treatment, though some permanent impairment may remain.
COHN Disability and Return-to-Work 2
Under the ADA, which of the following best defines 'reasonable accommodation' in the context of return-to-work?