Light duty job offers in Workers’ Compensation. You’re injured and not able to do the job you did when you got hurt. You suffered a work injury and are receiving workers’ compensation benefits what could happen next.
Prior to June 1996 there was no provision compelling an employees interview with a vocational expert. At that time, and still today if so warranted, an employer that seeks to modify an employees benefits on the basis that the employee has recovered some or all ability must 1.) first produce medical evidence of a change in condition. 2.) The employer must produce evidence of referral to then open jobs that fit into the occupational category for which the employee has been given medical clearance, such as light work, sedentary work etc…3.) The employee must demonstrate that the employee acted in good faith following through on job referrals. 4.) If the job referral fails to result in a job, then the employee’s benefits should continue.
In June of 1996 the law changed by Act 57 which added another method to establish a modification of benefits. “Earning poer” shall be determined by the work the employee is capable of performing and shall be based on expert opinion evidence which includes job listings with agencies of the Department of Labor and Industry, private job placement agencies, and advertisements in the usual employment area.
If the employer has a specific job vacancy that the employee is capable of performing the employer cannot have a vocational expert perform an Earning Power Assessment but must offer such job to the employee.
If you have questions regarding light duty job offers, earning power assessments or Workers’ Compensation contact the lawyers at Dugan & Associates.