An employer's job offer letter inviting a return to work to a previous job with modifications based on current medical restrictions, but without detailing the duties of the work, is sufficient to support a modification of benefits.

Following an IME identifying that the claimant could return to work in a modified, medium-duty capacity, the employer notified the claimant simply that his work activities would be modified to accommodate the IME’s work restrictions. When the claimant failed to report to work, the employer filed a modification/suspension petition, which was granted by the workers' compensation judge and upheld by the Appeal Board. On appeal, the claimant argued that the employer failed to provide sufficient notice of an available job under § 306(b)(2) of the Act and Kachinski v. WCAB (Vepco Construction Co.). In finding that the job offer letter provided sufficient notice, the court stated that the job referral must be reviewed in a common sense manner, particularly where the offer relates to the employee’s pre-injury position. The employer’s offer letter clearly intended, according to the court, for the claimant to return to his pre-injury job with restrictions rather than an alternative position, and the testimony established that it would make further accommodations as necessary. The court found this was sufficient for the employer to meet its burden of proof.

Case Law Alert - 4th Qtr 2011