How Essential Functions Affect Return-to-Work Decisions

In California workers’ compensation cases, an injured worker’s ability to return to work often depends on whether they can still perform the essential functions of their job. These are the core duties that are fundamental to the position, not just tasks that are occasionally required.

When a treating physician determines that an employee has medical restrictions, employers must evaluate whether the worker can return to their previous role, whether modifications are possible, or whether alternate work must be considered.

What Are Essential Job Functions?

Essential functions are the primary job duties that must be performed by anyone in a given position. They are usually listed in a written job description and may include:

• Physical tasks, such as lifting, standing, or repetitive motion
• Cognitive duties, such as decision-making or communication
• Safety responsibilities, such as operating equipment or responding to emergencies

The law distinguishes between essential functions and marginal tasks. An employer is not required to reassign core duties to accommodate an injury, but they may need to consider adjustments that help the employee continue performing the essential tasks.

How Physicians Use Essential Function Information

After a work injury, a treating physician will review a written description of the employee’s job duties, often using a standardized form like DWC AD 10133.33. The doctor compares those duties to the worker’s current medical limitations to decide whether:

• The employee can return to full duties
• Modifications are required
• The job is no longer medically appropriate

If the physician states the worker cannot perform one or more essential functions, the employer must either modify the position or consider offering alternative work, if available.

How It Affects Return-to-Work Offers

If the employer offers work within the physician’s stated restrictions that includes all essential functions, the employee is generally expected to return. If the worker refuses a valid offer, it may affect their right to certain benefits, including:

• Supplemental Job Displacement Benefits (SJDB)
• Ongoing temporary or permanent disability payments

If no suitable work is available, the worker may be eligible for retraining through a SJDB voucher.

Essential Functions and Disability Protections

The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) also require employers to engage in a good-faith interactive process to explore reasonable accommodations. These laws apply when the injury results in a disability that affects the employee’s ability to work.

The essential functions are the foundation of that discussion, employers are not required to remove essential duties, but they must consider adjustments that allow the employee to meet those responsibilities with assistance or support.

Get Help With Return-to-Work Disputes

Disagreements about essential job functions can lead to denied accommodations, disputed job offers, or loss of benefits. If you are facing a return-to-work issue or have been told you can no longer perform your job after a work injury, the Law Offices of Norman J. Homen can help you understand your rights and explore your legal options. Contact us today for a free consultation.