Wednesday, August 27, 2003

Post-Injury Job Offer Must Be Consistent With The Claimant's Prior Capabilities Of Transportation, Child Care, Etc.

In South Hills Movers v. WCAB (Porter) the Claimant was a mover/packer who did out of town work and was often away for two weeks to a month at a time. After his injury, he was offered a full time light duty job in the Employer's warehouse. The warehouse was 46 miles from the Claimant's residence and his driver's license was suspended. Furthermore, the Claimant's wife was unable to drive him to work as she had in the past due to her health. The WCJ found the job not actually available and the Board affirmed. The Commonwealth Court also affirmed. The Court held if an offered post-injury job imposes obligations different from those of the claimant's pre-injury employment, the employer must produce evidence that the new responsibilities are within the claimant's capabilities.

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