If you are off work for a workplace injury and are not able to perform the work you did in the past does your employer have a duty to offer you work if they have work available within your restrictions? And what if they choose not to offer you work even though they have modified work available can they stop your checks if all of a sudden after years of being off due to your work injury you now have suffered a non-work related injury that prevents you from doing the modified work the employer wasn't offering you in the first place?
The higher court in the case of Southeastern Pennsylvania Transportation Authority v. WCAB has found an injured worker off due to a work related injury not entitled to be required to present evidence of available jobs entitled to a suspension of biweekly checks.
The employer is one of Philadelphia's largest employers with an extensive light-duty program. According to SEPTA's physician the claimant had recovered some ability to work from the work injury. Mr. Cunningham had suffered a right knee injury, left knee, back and left hand injuries .SEPTA conducted a labor market survey to identify positions in lieu of making an offer of employment.
The case raises concerns that an employer may not have to demonstrate work available that the mere existence of non-work related injuries that may be disabling may alleviate the employer from liability to offer a postilion to an injured worker who may have been released to return to work in some capacity as it relates to the work injuries.
For questions contact Dugan & Associates, Lawyers Representing Injured People, at 888-99-DUGAN.
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