Transferability of Skills Analysis: Use in RTW
TASA ID: 540
Worker's compensation is not only about medical costs and indemnity payments, but it is also about return-to-work (RTW) for the injured employee, and removal of unwanted liability for the employer. As such, many insurance companies and third-party administrators use rehabilitation specialists to help them return injured workers to employment, especially when they cannot go back to their old jobs. In this way, the outstanding liability associated with an industrial claim is removed. Generally speaking, it does not matter what job the employee is returned to as long as they are 'making' close to their pre-injury wage. If, for some reason, the injured employee cannot return to work or cannot earn as much as they were before the injury, then a settlement of wage loss is warranted. Accordingly, rehabilitation specialists help injured employees find employment that is suitable and preferably equal to their pre-injury wage.
To assist rehabilitation specialists with this process of RTW, a transferability of skills analysis (TSA) is often used. TSA is the generally accepted method for determining the work that an individual is able to perform, taking into consideration the individual's physical and mental limitations that have displaced them from work performed in the past.
The Dictionary of Occupational Titles (DOT), published by the Department of Labor, is the source of the occupational information used in TSAs. The DOT includes descriptions about the 12,000 plus jobs in our economy, and can be used to correlate jobs from one work field to another work field. For example, if an injured employee has demonstrated skills through work experience as an automobile repairer, then these skills are similar to other occupations that require mechanical fabricating, such as machine press operator. So, if a car repairer cannot do heavy lifting anymore because of a back injury, they may be able to do 'light' machine-operating functions. Research has shown that the more congruent a new job is to past work (e.g., the more transferable one's skills), the greater the likelihood for successful job placement.
Of course, TSA is not always used with all injured workers in every WC case by rehabilitation specialists. Most injured workers return to their previous work with their former employer, or some other work with them. Indeed, one of the codes of RTW in WC rehabilitation is to try to return injured employees to their old job, or to at least their former employer. However, that is not always possible. Many employees who sustain serious injury, are used to heavy labor, and are less adaptable and face the imminent problem of finding suitable employment. A rehabilitation specialist, with the use of TSA, can try to find employment that is somewhat related to their past work, but takes into consideration their acquired limitations. All avenues of employment potential need to be explored, before the determination of permanently and totally disabled is rendered.
TSA can be a useful and rewarding factor to employers in disability determination and settlements as well. The designation of permanently and totally disabled should only be rendered when all employment prospects have been exhausted. Unfortunately though, all too often, many insurance companies and third-party administrators do not utilize a TSA in their defense to prove within reasonable professional judgment that jobs exist that the claimant can perform. Regardless of the alleged limitations, it is incumbent upon the defense attorney to try to identify jobs that the injured employee can perform, especially those jobs that are related to their past skills and abilities.
In a litigious situation, it is important to provide whatever documentation would be helpful to your position. TSA is an important tool that rehabilitation specialists use not only to help identify employment options for rehabilitation, but also to document potential relevant outcomes for diminution of wage loss.
This article discusses issues of general interest and does not give any specific legal or business advice pertaining to any specific circumstances. Before acting upon any of its information, you should obtain appropriate advice from a lawyer or other qualified professional.
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