deals with the issue of modified or
alternative work offered to and
injured worker in a rehabilitation
plan.
THE BOX,
INC. V.
WCAB
(MORRISON)
working as a clerk at Jack In The
Box. The applicant received a
Findings and Award for medical
care and temporary disability. The
applicant had back surgery. The
treating doctor indicated that the
applicant could return to work with
certain restrictions.
responded with a Notice of Offer of
Modified or Alternative Work ( DWC
Form RU-94). The offer contained the
title of the job offered. The applicant
responded to the Department of
Rehabilitation indicating that the job
offer was not satisfactory. The
applicant complained that the job title
did not explain the position offered
sufficiently, the physical demands of
the job offered, or the amount of
wages.
applicant was entitled to full
rehabilitation services. The employer
appealed this decision to the Workers'
Compensation Appeals Board
(WCAB). The matter was tried before a
Workers' Compensation Judge (WCJ).
The WCJ determined that the employer
had not made a valid offer of modified
or alternative work to meet the statutes
requirements. The WCAB affirmed the
decision on reconsideration and a writ
was filed by the employer.
Code Section 4644. This section
limits an employer's obligations for
are met. This appellate court indicated
that Labor Code section 4644 must be
read in light of a liberal construction
in favor of the employee.
specific offer and found that it was
not adequate. The offer met two
minimum statutory requirements. The
DWC Form RU-91 provided
information indicating the physical
requirements of the job offered, where
the job was to be performed, and that
the job offer was within a reasonable
commute.
was a regular position or that it would
last at least 12 months. The court also
found the job description to vague to
apprise the applicant of the job's
duties.
Valenzuela, Brown
Editor: Harvey Brown
Address. 441 Old Newport Blvd 105
Newport Beach, CA 92663
Phone: 949 574-7835
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