Is the claims administrator required to send an injured employee the notice of offer of modified or alternative work (AD Form 10133.53) within 30 days of the termination of temporary disability, (TD)?
Yes. The DWC AD 10133.53 – Offer of modified or alternative work form must be sent within the 30 days of the last payment of TD payment whether the employee is returning to permanent modified or alternative work. If the employer or claims administrator does not send the 10133.53 for alternative or modified work and the employee later needs a permanent modified or alternative job, the employer loses the right to use the 10133.53. If the employee returns to regular duty, the 10133.53 becomes irrelevant and the employee will be entitled to a voucher, even if he or she returns to work in a permanent modified or alternative position. If permanent job modification is required after P&S and after an offer has been timely made and if work in a modified job is available, the employer or claims administrator can then send a “revised” offer to the employee.
