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Old 11-21-2014, 05:13 PM   #30
Bean
Scoring Winger
 
Join Date: May 2004
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What GP_Matt is saying is generally correct.

The employer is on the hook for the claims cost through their premium however by 'running lean', it is a short sighted measure that may explain why they offered you your job back.

I do not believe that OP is being penalized by the WCB as their duty is to get you physically as close to 100% as possible and to help you get back to work. It seems as though the employer realized they are on thin ice with their actions and are using a crappy bandaid to smooth things over with you.

The comment about being within probation period is interesting however it is terrible optics on their part. Before you accept the job offer, have you spoken to your case manager? I'd bet they hear about this sort of thing all of the time. Looking into employment standards would be beneficial for you as well.

If the employer is offering your job back as 'modified duties' it is really a weak way of skirting their way into good graces however (and unfortunately) moving you to an undesirable location is not illegal.

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What does modified work need to be?

Modified work needs to be:
  • achievable - given your worker's injury, is the worker able to do it physically
  • safe - your modified work plan should not endanger your worker's recovery or safety or the safety of others
  • constructive - your modified work plan should contribute to your worker's skill development and return to full duties
  • productive - your worker's duties should be meaningful to the organization
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http://www.wcb.ab.ca/employers/mod_work.asp

Last edited by Bean; 11-21-2014 at 05:22 PM.
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