Round-Robin with Load Based Assignment, can you limit which Status are considered?

Round-Robin with Load Based Assignment, can you limit which Status are considered?

Hello,

We are currently using Round-Robin with Load Base Assignment.  

Is there a way to exclude tickets of a certain Status from being considered by the Round-Robin Assignment rules?

For example...  I have the following statuses.

Escalation Review (meaning we are waiting for a Developer to review the ticket, the tech is not actively working on this ticket)
Defect (We have confirmed the issue to be a Defect that is with development waiting for a solution, the tech is not actively working on this ticket)

I have a support tech who is the ticket owner of 25 tickets, but 20 of those tickets are either Escalation Review or Defect. So even though he only has 5 tickets he is actively working on, the Round-Robin appears to be looking at all 25 tickets when considering how to assign new tickets.  

This results in this tech being underutilized because the system is not assigning him new tickets. Can I have the Round Robin Assignment not consider the Escalation Review and Defect status when deciding how to assign new tickets?