We at Mahoning county have had this happen but with some differences. Some CBAs allow the transitional work but not cross union boundaries while some do. Rarely though have we had employees cross employer (dept) lines. In the past we had this happen two ways. First instance, the elected official wouldn't permit the employ to work transitional so we accommodated the employee in the Commissioner's office. The employer/department made us pay her. It still saved the general fund in the end. However, we also had a scenario in the past some time ago where the department could not accommodate but another department could and the CBA did not prohibit it. So the Commissioners are the employer for the purposes of workers' comp. I presented a transitional work job offer, approved by the attending physician to the IW in another department. He accepted and they split the cost. It was my understanding that the department that received the work reimbursed half of the wages through payroll/auditor forms. It must be mentioned that if I remember correctly, the department that did the accommodating, was short workers. If there is a CBA in place, you have to go with that. If it is not prohibited in policy/CBA, and there is no language or law that would otherwise preclude it, the BWC sees the county as a whole as the employer. A legitimate light duty job offer that does not put an undo burden on the IW - driving far etc, approved by the physician of record usually will preclude the award of TT if the IW refuses the work. Policy and CBA are the key. The money can be moved through a PAR. Cathy Jones Risk Manager From: CORSA-broadcast [mailto:corsa-broadcast-bounces@corsa.org] On Behalf Of Elizabeth Miller Sent: Thursday, September 28, 2017 4:01 PM To: corsa-broadcast@corsa.org Subject: [CORSA-broadcast] Wage Continuation Question Ashland County asked me to pose this hypothetical question on the CORSA Broadcast. They would appreciate you input. The Engineer has an employee off work recovering from a workplace injury. The Engineer is paying wage continuation. The injured worker is cleared for transitional work with some restrictions, but the Engineer doesn't have a position that meets the restrictions. Another county department, in the general fund, does have a position. Has your county had this situation? Do you have transitional work available outside of the injured workers' department / budgetary fund? If so, where would the injured worker's wages come from, his original department or the department in which he works the transitional position? Thanks! Elizabeth G. Miller, Esq. CORSA Claim and Litigation Manager 209 East State Street Columbus, OH 43215 emiller@ccao.org<mailto:emiller@ccao.org> direct dial 614-220-7989 toll free in Ohio 888-757-1904 fax 614-220-0209 www.CORSA.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.corsa.org_&d=DwMFAg&...> "The leader in providing Ohio Counties with exceptional value, service, and protection of assets." CONFIDENTIALITY NOTICE: This email message (including any attachments) is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy this message and all attachments.

We have had employees preform transitional work in other departments. They are still employees of the department they were hurt in but working in another department as a loaner. They are still paid out of the department they are an employee of. If however, there are restrictions in their department's union contract that do not allow this transitional work in another department, well......you're out of luck! Bradford M. Cosenza County Administrator, Ross County, Ohio 2 North Paint Street, Suite H, Courthouse Chillicothe, Ohio, 45601 740-702-3085-Office 740-701-7301-Cell 740-774-1602-Fax bradcosenza@rosscountyo <bcosenza@rosscountycommissioners.com>hio.gov – Email Address http://www.rosscountycommissioners.com – Web Address On Thu, Sep 28, 2017 at 4:00 PM, Elizabeth Miller <emiller@ccao.org> wrote:

Ashland County asked me to pose this hypothetical question on the CORSA Broadcast. They would appreciate you input.

The Engineer has an employee off work recovering from a workplace injury. The Engineer is paying wage continuation. The injured worker is cleared for transitional work with some restrictions, but the Engineer doesn’t have a position that meets the restrictions. Another county department, in the general fund, does have a position.

Has your county had this situation? Do you have transitional work available outside of the injured workers’ department / budgetary fund? If so, where would the injured worker’s wages come from, his original department or the department in which he works the transitional position?

Thanks!

*Elizabeth G. Miller, Esq.*

*CORSA Claim and Litigation Manager*

209 East State Street

Columbus, OH 43215

emiller@ccao.org

direct dial 614-220-7989 <(614)%20220-7989>

toll free in Ohio 888-757-1904 <(888)%20757-1904>

fax 614-220-0209 <(614)%20220-0209>

www.CORSA.org <http://www.corsa.org/>

*“The leader in providing Ohio Counties with exceptional value, service, and protection of assets.”*

*CONFIDENTIALITY NOTICE: This email message (including any attachments) is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy this message and all attachments.*

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This has happened on several occasions and the Elected Officials/Department Heads have been very cooperative in continuing to pay the employees wages. It is much better to have them contributing somewhere rather than staying home. I am a firm believer that this gets them back to their regular work functions in a more timely manner. I also think that it supports employee morale and opens a better line of communication as far as the injured worker is concerned. I have attached some suggested transitional work assignments. Thanks! Lori Larson, Risk Manager Ashtabula County Commissioners 25 West Jefferson Street, 3rd Floor Jefferson, Ohio 44047 Phone: 440.576.3649 Fax: 440.576.3502 From: CORSA-broadcast [mailto:corsa-broadcast-bounces@corsa.org] On Behalf Of Elizabeth Miller Sent: Thursday, September 28, 2017 4:01 PM To: corsa-broadcast@corsa.org Subject: [CORSA-broadcast] Wage Continuation Question Ashland County asked me to pose this hypothetical question on the CORSA Broadcast. They would appreciate you input. The Engineer has an employee off work recovering from a workplace injury. The Engineer is paying wage continuation. The injured worker is cleared for transitional work with some restrictions, but the Engineer doesn't have a position that meets the restrictions. Another county department, in the general fund, does have a position. Has your county had this situation? Do you have transitional work available outside of the injured workers' department / budgetary fund? If so, where would the injured worker's wages come from, his original department or the department in which he works the transitional position? Thanks! Elizabeth G. Miller, Esq. CORSA Claim and Litigation Manager 209 East State Street Columbus, OH 43215 emiller@ccao.org<mailto:emiller@ccao.org> direct dial 614-220-7989 toll free in Ohio 888-757-1904 fax 614-220-0209 www.CORSA.org<http://www.corsa.org/> "The leader in providing Ohio Counties with exceptional value, service, and protection of assets." CONFIDENTIALITY NOTICE: This email message (including any attachments) is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy this message and all attachments.

Hardin County had this happen one time almost thirteen years ago, but it was a only an ankle sprain. The injury happened on a Tuesday and the doctor recommended the employee stay off work until he could see the employee a week later. I was out of the county until the Monday following the injury and when I returned I was informed of the situation. In order to prevent a lost time claim all parties agreed to have the injured employee spend his seventh day off work (a Tuesday) working with our courthouse housekeeping staff doing some sit-down odds and ends tasks that had built up. As I recall the Engineer paid the employee for the day he worked at the courthouse, and the employee returned to work at his regular job on Wednesday, which would have been the eighth day after the injury. If this happened again the question of who pays the wages would depend on the departments involved, because as in this example the elected County Engineer works off gas tax not the county general fund, so it's his choice how he wants to handle his workers comp. Other general fund depts. under the Commissioners would have to consider all the options before making a decision. But yes, most Hardin County departments are flexible in finding light duty for injured employees, not necessarily "official" transitional duty, which we also have available. Clear as mud? Max Trachsel Hardin EMA From: CORSA-broadcast [mailto:corsa-broadcast-bounces@corsa.org] On Behalf Of Elizabeth Miller Sent: Thursday, September 28, 2017 4:01 PM To: corsa-broadcast@corsa.org Subject: [CORSA-broadcast] Wage Continuation Question Ashland County asked me to pose this hypothetical question on the CORSA Broadcast. They would appreciate you input. The Engineer has an employee off work recovering from a workplace injury. The Engineer is paying wage continuation. The injured worker is cleared for transitional work with some restrictions, but the Engineer doesn't have a position that meets the restrictions. Another county department, in the general fund, does have a position. Has your county had this situation? Do you have transitional work available outside of the injured workers' department / budgetary fund? If so, where would the injured worker's wages come from, his original department or the department in which he works the transitional position? Thanks! Elizabeth G. Miller, Esq. CORSA Claim and Litigation Manager 209 East State Street Columbus, OH 43215 <mailto:emiller@ccao.org> emiller@ccao.org direct dial 614-220-7989 toll free in Ohio 888-757-1904 fax 614-220-0209 <http://www.corsa.org/> www.CORSA.org "The leader in providing Ohio Counties with exceptional value, service, and protection of assets." CONFIDENTIALITY NOTICE: This email message (including any attachments) is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy this message and all attachments.