|
Hello all, I hope this letter finds you warm and healthy on this late winter day! I have attached a case that has drawn some attention--especially from VR providers on the west side of the state--as it deals with placement at a well known non-profit organization (Goodwill Industries). The issue with relevance to our field of practice in this case is whether Mr. Adams' placement at Goodwill was "reasonable employment" or in fact "rehabilitation." Magistrate Grit opines that, given the fact that the job at Goodwill was provided via Spartan Stores as a form of light duty employment, and that the purpose was not to "evaluate, train or provide resume building skills" or "teach him the types of everyday skills necessary to re-enter and compete in the marketplace," it falls under "reasonable employment" language, and not rehabilitation. Now, let me emphasize that this DOES NOT mean that Goodwill is out of the rehabilitation market, and only provides "reasonable employment" opportunities now! This decision DOES NOT mean that every placement you might make to Goodwill in the future will be seen as "reasonable employment" and not rehabilitation! This decision is specific to the facts of this particular case, and given the facts as written, Magistrate Grit's decision seems logical. Many companies don't have, or run out of light-duty opportunities for employees. By utilizing other area businesses, especially non-profit organizations, employees have the opportunity to stay engaged in the workforce, stay in a routine, and hopefully return to their original jobs quickly and safely. Looking forward, I would hope that we don't see an influx of cases to Goodwill with the intent of circumventing the vocational rehabilitation process. I would also hope that there isn't a jump in direct-place scenarios, whereby insurance adjusters automatically make referrals without determining appropriate employee--work fit through the use of a vocational evaluation. Companies like Spartan Stores obviously establish these relationships after doing their homework, and developing the program in concert with the light duty employer. These programs are also usually time-limited, meaning that the ultimate goal is to bring the employee back to the original job site as soon as possible. As vocational counselors, places like Goodwill provide good opportunities for SOME of our clients depending on the individual circumstances, but it doesn't provide a "one size fits all" scenario. And in many of our cases, the intent of such a placement is in fact for rehabilitation purposes (i.e., work evaluations, work hardening, training, etc.). In other words, if it is part of the rehabilitation plan, it is almost assuredly rehabilitation and not reasonable employment. In sum, Goodwill provides both light-duty work opportunities, and vocational rehabilitation options. This case happens to focus on the light-duty work opportunities, and while it is an interesting case, the decision is based on specific circumstances and does not change our need to do quality, professional evaluations up front to determine appropriateness of placement. Please don't hesitate to call with questions or concerns. David Campbell, MA, CRC
|