There are typically two times in the course of a case where the work status of an injured worker may change from no-work to modified or light work: (1) while an injured worker is on a temporary compensation status, i.e., while recovering from surgery and (2) when his condition becomes medically stationary.
1. Temporary total to temporary partial-an injured worker may be released to perform modified work by either his treating doctor or by a doctor who has conducted an "independent" medical examination at the request of the insurance company.
Initially the injured worker should contact his date of injury employer to find out if modified work is available. If it isn't- which is usually the case-he will need to start looking for work consistent with the limitations suggested by the doctor. In order to continue receiving temporary compensation this will generally involve applying for modified work at a minimum of 3-4 employers monthly and documenting the name and address of the prospective employer and what happened.
It generally is a major mistake for an injured worker to make no effort to find modified work because he feels he can't do any work. Not looking for modified work will almost certainly guarantee that the insurance company will stop paying temporary compensation.
It is better for the injured worker ask his treating doctor, if that is who has released him to modified work, to provide the release on a trial basis. If the treating doctor is willing to do that the odds are increased that further temporary compensation can be obtained if the injured worker returns to modified work but finds that he can't do it. He now has proof he can provide to both his treating doctor and the insurance carrier that he at least tried.
2. Temporary total to permanent partial-when either the treating doctor or the doctor performing an "independent" medical examination for the insurance company believes that an injured worker is medically stationary, and that he has a permanent impairment and work limitations, the injured worker is now as a practical matter on a permanent modified work status.
If he has not already started looking for modified work now is time to start, for at least two reasons. First, it will take the Industrial Commission about 3 months to issue a permanent award, and if the insurance carrier is not advancing any permanent compensation in the meantime, the injured worker will not be receive any compensation during this time. Secondly, if the award issued by the Industrial Commission is too low, or is protested by the insurance company, an administrative law judge will subsequently decide the amount of the permanent award. When the injured worker testifies at his hearing his chances of obtaining an adequate permanent award will be much greater if he has been able to convince the judge that he has made a determined, good faith effort to find modified work.
In conclusion-it is NEVER beneficial to refuse to look for modified work once a doctor has released an injured worker to modified work. Not making this effort will lead the insurance company, and ultimately the judge, to think that the injured worker is trying to "milk" his claim. On the other hand, an injured worker who tries his best to find modified work will go a long way toward convincing the insurance company and the judge that he is honest and deserves compensation.