Workers’ Compensation – Proffered Position – Unsuitable – Medical Restrictions

Workers’ Compensation – Proffered Position – Unsuitable – Medical Restrictions (access required)

Burton v. ArvinMeritor, Inc. Plaintiff’s doctor testified about the limits of his abilities to sit, walk, and work; a vocational expert testified that there were no jobs in the competitive labor market that plaintiff could perform without accommodations. Plaintiff’s evidence supported the Industrial Commission’s finding that the position proffered by the defendant-employer was not suitable to plaintiff’s capacity and did not reflect his capacity to earn wages in the general economy

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