New Workers’ Compensation Required Employer Form: Description of Injured Employee’s Employment (DWC-74)

by Sarita Shipe

A few weeks ago we told you about the new legislative mandate per the passage of HB 2547 that requires employers to provide a functional job description to your injured employees’ treating doctor. We also told you not to worry if you don’t have a functional job description, because the Division of Workers’ Compensation (DWC) was charged by the legislature to produce a form to help you. Well, the new “Description of Injured Employee’s Employment" (DWC Form-074) is ready on the DWC Web Site on the Fund Web Site and in the Return to Work Manual. Fund member program contacts with a myTASB user id and password can access this.  

The purpose of this form is to facilitate the exchange of information between you and your injured employee’s treating doctor regarding the duties, job functions, specific tasks and physical responsibilities that your employee had at the time of injury. This information will allow treating doctors to assess your employee’s ability to return to work after an injury as quickly and safely as possible. 

This form should be completed by an employer representative who has actual knowledge of the injured employee’s job requirements, who will most likely be the employee’s supervisor. The completed DWC-074 should be sent to the requesting doctor, with a copy retained for your records. Remember, that the employee is also entitled to a copy if requested. 

Please be assured that completing and returning the DWC-074 to the treating doctor will not be construed as an admission of compensability or the extension of a job offer.

For members who are contemplating the implementation of a Return to Work program, a functional job description is essential to the treating doctor when determining modified duty restrictions for your employees. In addition, the DWC-074 could be a valuable tool to assist you in creating functional job descriptions of your own. Currently, there are no rules or timelines relative to the use of this form.

For questions regarding the DWC-074 or Return to Work, please contact Sarita Shipe at 800.482.7276, extension 7221.

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Disclaimer: This newsletter is intended for Fund members only and any unauthorized distribution not approved by the Fund is strictly prohibited. The newsletter is for educational purposes only and contains information to facilitate a general understanding of the law. It is not an exhaustive treatment of the law on this subject, nor is it intended to substitute for the advice of an attorney. Consult with your own attorneys to apply these legal principles to specific fact situations.