Burby v. Fraser Papers
Sedgwick Claims Management Services
December 17, 2014
CategoriesPartial Benefits / Refusal of Employment
Non-Work Factors Refuse Work Offer Partial Incapacity
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.