December 13, 2019

Employee’s Failure to Honor Light Duty Restrictions Results in Denial of Benefits

How are your rights under Georgia’s workers compensation law affected if you return to work light duty but end up performing full duty work?

In a recent case heard by the Georgia Court of Appeals, an injured worker was denied weekly wage benefits because he worked beyond the light duty restrictions set out by his supervisor.

The employee in this case was a cook, cashier and clean up worker at a fast food restaurant. In January, 2013, the employee injured his back when lifting a pot of chili. Shortly thereafter he aggravated his back throwing trash into a dumpster. He was instructed by his supervisor to avoid heavy exertion.

On November 19, 2013, the employee injured his back again when a stack of boxes collapsed on his head and chest while he was unloading supplies. Following this accident, the employee’s supervisor instructed him “not to lift anything unless given permission to do so by a member of management.” Four days later, however, the employee was observed by his supervisor lifting heavy items while restocking the store. [Read more…]