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Home / Courts / N.C. Court of Appeals / Workers’ Compensation – Job Suitability – ‘Make Work’ Evidence – Futility Evidence – Disability (access required)

Workers’ Compensation – Job Suitability – ‘Make Work’ Evidence – Futility Evidence – Disability (access required)

Even though plaintiff has returned to work for the defendant-employer in a position that fits within his permanent restrictions, the Industrial Commission’s determination that this position is suitable work should have focused on whether such a position is available in the wider marketplace. We affirm the Commission’s finding that plaintiff did not make a reasonable but ...

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