Two recently settled New York Workers Compensation cases shine new light on light duty offers and Permanent Partial Disabilities or PPDs.
Return to Work or Light / Modified Duty can be an excellent strategy for getting permanent partially disabled (PPD) workers productive and back to work, and off workers compensation indemnity payments. It’s good for the employee to be reintegrated back into the work force, it’s good for the employer to have a skilled worker back and productive, and it’s a good method to reduce workers compensation claim costs.
The return to work/light/modified duty strategy is fairly simple to deploy, and while it will cost the employer payroll dollars, those costs are small compared to an award of indemnity payments that could be in the hundreds of thousands of dollars.
Unfortunately, some workers will refuse light duty and prefer to collect workers compensation benefits instead, which can cost the employer hundreds of thousands of dollars in claim awards and expenses. Two recent decisions involving return to work offers which were refused by employees highlight an employer’s ability to control costs. These cases are not flukes, as is shown by the Workers Compensation Board’s recently published outline on its support of “return to work” measures. While workers comp administrative judges will often side with the claimant, these two appellate decisions may give employers hope and further empower the workers compensation board. Understanding the impact of these cases in a practical way can be a game changer! Eliminating the onerous costs and time associated with litigation, awards and appeals, can save employers hundreds of thousands of dollars in claim and premium costs.
In the case of Smith v. TWA, the NY Appellate Division in the Third Department affirmed the Workers Compensation Board’s decision that Smith (the claimant) voluntarily withdrew from her job and the labor market when she refused a light duty / return to work offer from her employer (TWA) and was therefore not entitled to continue to receive workers compensation benefits.
In a similar decision of Browne v. Medford Multicare, the court again affirmed a decision with the Workers Compensation Board, finding that Browne (the employee) had voluntarily left her job and withdrawn from the labor market when she rejected her employer’s offer of light/modified duty.
These decisions are good news for employers and insurers who typically face an uphill battle in removing capable, but PPD employees from their workers compensation loss runs. This is not to imply that injured workers shouldn’t receive valid benefits. The point is, if employees with a workers compensation partial disability can still contribute to the productivity of their employers, they should. If they refuse a modified job assignment (often referred to as Light Duty) when they are medically able to perform that job, then they shouldn’t be permitted to continue to collect benefits under workers compensation. Doing so imputes a long term and unnecessary cost to their employers and society as a whole. These decisions affirm that thought process, and that’s good news for New York employers.
Do you have a similar situation that’s nagging at you and your loss ratio? Curious how to aggressively take action and get results? Do you need return to work solutions that are deployable, as well as the advice and guidance to make it all work? Our team can show you how to put the best practices in workers compensation cost containment to work for you and your company. Contact us for a no obligation consultation.









