Name
Burby v. Fraser Papers
Insurance Company
Sedgwick Claims Management Services
Date Decided
December 17, 2014
Panel Members
Timothy Collier
Elizabeth Elwin
Garry Greene
Categories
Partial Benefits / Refusal of EmploymentTags
Non-Work Factors Refuse Work Offer Partial Incapacity
File Size
166 KB
DownloadSummary from the Troubh Heisler Attorneys
Non-work factors can constitute good and reasonable cause under §214 to refuse a bona fide offer of reasonable employment.
Burby was apparently injured at work. He filed a Petition for Review requesting incapacity benefits, and Fraser Papers defended on grounds that he had declined its offer of reasonable work, ostensibly because “working for the employer in any capacity would have negative effects on his nonwork-related psychological condition.” An IME confirmed this, and H.O. Pelletier granted his petition, ordering ongoing partial benefits. Fraser Papers appealed, but the panel held that H.O. Pelletier’s decision was within the bounds of his discretion.