Sec 23-1048. Reasonable accommodations; earning capacity determination; definitions

Latest version.

A. If an employer has made reasonable accommodations pursuant to the Americans with disabilities act or other applicable federal or state law, wages payable for the modified job position shall be included in the determination of any temporary partial or permanent partial earning capacity, notwithstanding that the modified job is not available in the open competitive labor market.

B. For the purposes of this section:

1. "Americans with disabilities act" means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553).

2. "Reasonable accommodations" means accommodations made by the date of injury employer to allow an employee to return to work by modifying job duties consistent with the employee's limitations.

                    
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