Here’s a tip for a scenario we see quite often in Georgia.
JOHN’S GEORGIA TIP OF THE WEEK: Can A Claimant Receiving Workers’ Compensation Benefits Refuse a Suitable Light Duty Job Offer Because They Do Not Want to Work a Different Shift?
- Generally, NO!
- O.C.G.A. § 34-9-240 states: If an injured employee refuses employment procured for him or her and suitable to his or her capacity, such employee shall not be entitled to compensation at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified.
- In the case of McDaniel v. Roper Corp., 149 Ga. App. 864 256 S.E.2d 146 (1979), Georgia Courts held the refusal of a “light work” job by an employee receiving workers’ compensation benefits because the employee did not want to work a different shift is NOT a justified refusal.
- ****Every case is fact specific, and although we cannot promise there would not be a circumstance in which an ALJ would find that there was a “justifiable” reason for a refusal to work a specific shift, according to the Court of Appeals, the simple desire to work another shift was unjustifiable in this case.
I hope this is helpful! As always, feel free to call/email if you have any questions or run into any issues.
Sincerely,
John Fennelly