Knaut v. Lynco
Maine Employers' Mutual Insurance Company
January 31, 2014
CategoriesPartial Benefits / Refusal of Employment
Ongoing Partial Incapacity § 214(1)(A) Work Search Declining Accommodations
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.