Claimant seeking reinstatement after previously refusing a light-duty job in bad faith must show work injury has worsened, as well as prove an inability to do light-duty job. Claimant not relieved of burden simply because prior job was a funded position.

Following the claimant's work injury, the employer referred the claimant to an employer for a funded employment position. The position was a sedentary job that paid less than the claimant's pre-injury wage and was approved by the claimant's physician. The claimant began working the job but abruptly quit after the company moved him to a third office, concluding that the employer was "playing games" with him. The employer then filed a modification petition, which the judge granted, finding that the claimant refused in bad faith to perform the duties of the funded employment job. After losing appeals at the Board and Commonwealth Court level, the claimant asked the employer to fund the job for him again so that he could return to work. The employer refused, and the claimant petitioned for reinstatement.

The judge denied the claimant's petition since he did not prove his medical condition had worsened to the point that he could no longer do the funded duty position. The Board affirmed. On appeal to the Commonwealth Court, the claimant argued that he should be excused from showing that his condition worsened since the job he left was a funded employment job. The Commonwealth Court rejected this argument. According to the court, once the claimant has refused an available job in bad faith, his employer's obligation to show job availability ends. There is no exception in the law for leaving a funded employment position. The claimant who seeks a reinstatement of benefits after refusing a light-duty job in bad faith, whether a funded employment job or not, must show a worsening of his condition and an inability to do the previous light-duty job.

Case Law Alerts - 2nd Quarter 2013