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Re-Employment Quiz

Which Injured Employees Are Entitled to Re-Employment?

SITUATION

 Five employees of ABC Company, a manufacturing plant that employs over 100 workers, want to return to work after missing time with a work-related injury:

Andy is eager to return but not medically capable of working;

Beverly was offered reasonable modified work but turned it down and wants a new offer;
Clark wants his old job back but can no longer do the job productively;
Danielle refuses to let the doctor release her medical records; and
Ed, who’s been with the company for 6 months, is willing to accept any reasonable job

QUESTION 1: Does ABC Have to Offer Andy a Job?

 Answer: No.

Explanation: The obligation to re-employ requires employers to offer injured employees not just any job but a job that’s commensurate with their current occupational capabilities. Andy isn’t medically capable of working yet. Unless and until that changes, ABC need not—and should not—offer to re-employ him.

QUESTION 2: Does ABC ...

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