Burby v. Fraser Papers

Insurance Company

Sedgwick Claims Management Services

Date Decided

December 17, 2014

Panel Members

Timothy Collier

Elizabeth Elwin

Garry Greene


Partial Benefits / Refusal of Employment


Non-Work Factors Refuse Work Offer Partial Incapacity

File Size

166 KB


Summary 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.

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