Knaut v. Lynco

Insurance Company

Maine Employers' Mutual Insurance Company

Date Decided

January 31, 2014

Panel Members

Sue Jerome

Evelyn Knopf

Mike Stovall


Partial Benefits / Refusal of Employment


Ongoing Partial Incapacity § 214(1)(A) Work Search Declining Accommodations

File Size

234 KB


Summary from the Troubh Heisler Attorneys

Appellate Division upholds ALJ denial of ongoing partial because Knaut refused a bona fide offer of reasonable employment without good and reasonable cause. Panel addresses standards for applying § 214(1)(A). This subsection requires a two-part analysis: (1) what were the employer’s actions in offering the job and was it a bona fide offer of reasonable employment, and (2) what were the employee’s actions in declining the offer and do all of the circumstances indicate the refusal was without good and reasonable cause? Here, Lynco has supplied prior modified duty in good faith on two prior occasions, and other employees were performing the similar work.

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