WAC 192-170-050   Suitable work factors -- RCW 50.20.100 and 50.20.110.  (1) Physical fitness. In determining whether work is suitable as defined by RCW 50.20.100 and 50.20.110, the department will consider whether you have a disability that prevents you from performing the essential functions of the job without a substantial risk to your health or safety.

     (a) For purposes of this section, the term "disability" means a sensory, mental, or physical condition that:

     (i) Is medically recognizable or diagnosable;

     (ii) Exists as a record or history; and

     (iii) Substantially limits the proper performance of your job.

     (b) The department may determine in individual circumstances that less than full-time work is suitable if:

     (i) The disability prevents you from working the number of hours that are customary to the occupation;

     (ii) You are actively seeking work for the occupation and hours you have the ability to perform; and

     (iii) The restriction on the number of hours you can work, the essential functions you can perform, and the occupations you are seeking does not substantially limit your employment prospects within your general area.

     (c) To be considered available for suitable work, you must be available for employment in an occupation in keeping with your prior work experience, education, or training. If such employment is not available in your general area, you must be willing to accept any employment which you have the physical or mental ability to perform.

     (d) Disabilities resulting from pregnancy will be treated the same as other disabilities, except that the department will also consider the risk to your pregnancy when deciding whether work is suitable.

     (e) The department will require verification from a physician of your disability, including:

     (i) The restrictions on the tasks or work-related functions you can perform;

     (ii) The restrictions on the number of hours you can work, if any;

     (iii) The expected duration of the disability and resulting work restrictions; and

     (iv) The types of tasks or work-related functions you are able to perform with this disability, if known by the physician.

     (2) Definitions. For the purposes of this chapter:

     (a) "General area" means an individual's labor market area and includes the geographic area within which an individual would customarily seek work in a given occupation.

     (b) "Physician" means a person licensed to practice one or more of the following professions: Medicine and surgery (including, but not limited to, psychiatry); osteopathic medicine and surgery; chiropractic; naturopathic medicine; podiatry.



[Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. 02-08-072, § 192-170-050, filed 4/2/02, effective 5/3/02.]