Larry Cianciosi And Michael Roney Going For The Gold: The Champions of HR Workshop At The 24th Annual HR Support Staff Workshop Wednesday, March 5, 2014 Crowne Plaza Lansing Hotel: Lansing, Michigan 8:00am - 3:30pm

1. Coax the Rock…to take the Gold
March 5, 2014
Hanba Lazar P.C.
Larry Cianciosi
Mike Roney

2. Gold Medal Round:
Workers Compensation Disability Act
Verses
Americans with Disability Act
Offers of Reasonable Employment and
Accommodations

3. Game Strategy:
 Game 1: Warm Up
 Game 2: Legal Requirements
 Game 3: Notice
 Game 4: Best Practices
 Game 5: Overlap
 Game 6: Helpful Resources
 Gold Medal Ceremony

4. A good warm Up:

5. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Clarifies definition of disability

6. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Allows partial disability in many cases

7. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Employer credits for unearned wages

8. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Mandates an affirmative duty on the
employee to mitigate wage loss by
requiring a good faith job search

9. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Employees who refuse (without good
and reasonable cause) offers of
reasonable employment are
disqualified from any wage loss
benefits

10. Warm Up: Workers Disability
Compensation Act:
 December 19th 2011 Amendments
 Reasonable employment- unlimited
possibilities

11. Warm Up: Americas with
Disability Act:
 ADA- 1990 Federal Legislation
 Prohibits discrimination of a qualified
individual on the basis of disability in all
aspects of employment

12. Warm Up: Americas with
Disability Act:
 Qualified individual
 A person who with or without a
reasonable accommodation can
perform the essential functions of the
employment position that the individual
holds or desires

13. Warm Up: Americas with
Disability Act:
 Disability Defined in one of three ways

14. Warm Up: Americas with
Disability Act:
 ADA Prohibits

15. Warm Up: Americas with
Disability Act:
 ADA Amendment Act of 2008
 Effective January 2009

16. Warm Up: Americas with
Disability Act:
 ADA broadens the definition of major life
activities… to include curling… (or maybe
it should have)

17. Warm Up: Americas with
Disability Act:
 Statistically, ADAAA expanded the
audience from 2 million to over 6 million
people eligible
 Thus allowing
curling to increase
fan base

18. Game 2: Employers Legal
Requirements: WCDA vs ADA
 WCDA- offers of reasonable employment
are at the employers discretion
 ADA- accommodations are mandatory.
 Exceptions…

19. Game 3: Notice: WCDA vs ADA
 WCDA- Offers of favored work notice by
employer to employee in writing
 ADA- Can be by employee or employer or
third party provider
 They can written or verbal
 They don’t have to mention ADA or
accommodation

20. Game 4: Best Practice After
Request, i.e.…Game on.
 Determine essential job functions

21. Game 4: Best Practice After
Request, i.e. …Game on.
 Determine if they can do the essentials

22. Game 4: Best Practice After
Request, i.e.…Game on.
 Gather necessary information

23. Game 4: Best Practice After
Request, i.e.…Game on.
 Develop follow up procedures

24. Game 4: Best Practice After
Request, i.e.…Game on.
 Use interactive process

25. Game 4: Best Practice After
Request, i.e.…Game on.
 Set up meeting with employee

26. Game 4: Best Practice After
Request, i.e.…Game on.
 Summarize in writing

27. Game 4: Best Practice After
Request, i.e.…Game on.
 Determine accommodation and advise

28. Game 4: Best Practice After
Request, i.e.…Game on.
 Document and explain accommodation
denials

29. Game 5: Overlap of Employer
Requirements
 Not all WCDA injuries are covered under
ADA

30. Game 5: Overlap of Employer
Requirements
 No requirement under WCDA to offer
reasonable employment

31. Game 5: Overlap of Employer
Requirements
 ADA allows employers to establish return
to work programs for injured workers

32. Game 5: Overlap of Employer
Requirements
 The key is when does a WCDA injury
require an ADA analysis

33. Game 5: Overlap of Employer
Requirements
 Offers of reasonable employment
provides employers a wide range of return
to work options

34. Game 5: Overlap of Employer
Requirements
 ADA accommodations do not mandate
that an employer must:
 Create a light duty position for non
occupational injuries

35. Game 5: Overlap of Employer
Requirements
 ADA accommodations may require that an
employer:
 Modify work schedules or leave

36. Game 5: Overlap of Employer
Requirements
 ADA accommodations may require that an
employer:
 Change location of work performed

37. Game 6: Helpful Resources
 Job Accommodation Network (JAN)
 Askjan.org
 EEOC
 www.eeoc.gov
 larryc@hanbalazar.com

38. Gold Medal Ceremony
 Congrats to our Canadian friends

39. Gold Medal Ceremony
 Discussion, Questions, Concerns?