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Tag Archives: Return to Work

Labor & Employment – Public Employees – Retirement – Return to Work – Same Month (access required)

Tate v. North Carolina Department of State Treasurer, Retirement Systems Division When petitioner returned to work for the Greensboro ABC Board in the same month in which he retired from the Board, petitioner’s retirement in the Local Government Employees Retirement System became null and void.

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Workers’ Compensation – Disability – Return to Work – Modified Position – Unrelated Conditions – No Apportionment – Futility (access required)

Parrish v. Durham Regional Hospital Even though, after his compensable back injury, plaintiff returned to work for five years, the defendant-employer had to make many modifications to the job to accommodate plaintiff’s disability. The job was so modified that it would not have been available on the competitive job market and did not accurately reflect plaintiff’s wage-earning capacity.

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Workers’ Compensation – Disability – Return to Work – 14 Months – Performance (access required)

Edwards v. Southern Maintenance of Haywood County Even though plaintiff returned to work for 14 months after his on-the-job accident, he was unable to fully perform his heavy construction job, and there are other factors that would make it futile for him to look for a new job. We affirm the Industrial Commission’s award of temporary total disability benefits.

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Workers’ Compensation – Trial Return to Work – Unsuccessful – Unilateral Benefits Termination – Amended Rules – Sanctions (access required)

Baxter v. Danny Nicholson, Inc. Even though plaintiff did not file a Form 28U after his trial return to work proved unsuccessful, defendant already knew the trial return to work had been unsuccessful when it stopped paying plaintiff benefits. Defendant refused to reinstate those benefits even after a rules change and case law made clear that a Form 28U was not required before benefits were to be reinstated. We affirm the Industrial Commission's award of benefits, including accrued benefits, plus sanctions.

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