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Offer light-duty to injured worker with slight restrictions

by on December 18, 2011 1:00am
in Compensation and Benefits,Employment Law,Human Resources

Here’s an incentive to offer injured workers light-duty work that’s consistent with their medical restrictions: If the employee declines it, he’s no longer eligible for unemployment compensation. That’s because refusing appropriate work without a “necessitous and compelling reason” is the same as quitting.

Recent case: Ronald Gombita worked as a full-time residential waste truck driver for about a month. He injured his left arm and went out on workers’ compensation.

Then his treating doctor certified him capable of light-duty work. His employer sent him a job offer—some light filing and picking up trash—and provided a start date. Gombita never showed and was terminated.

He filed for unemployment, but his claim was denied because he had refused suitable work within his medical restrictions. (Gombita v Unemployment Compensation Board of Review, No. 2789 CD 2010, Commonwealth Court, 2011)

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{ 1 comment… read it below or add one }

joe capetti March 23, 2012 at 5:59 pm

you need to check your files before you print dishonest information.
your records are incorrect and no one should pay to read bogus info.
i consider this an invasion of Mr. Gombita’s privacy

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