Before his termination, mover suffered spine injury and received modified work duties
An injured worker terminated for good cause is not entitled to temporary disability indemnity if medically-appropriate modified work would have been available if not for the termination, a workers’ compensation administrative law judge said in a recent case.
Meathead Movers – the defendant in the case of Lopez vs. Meathead Movers, Inc., Vanliner Insurance Company – employed the applicant as a mover. His regular work duties included moving business and residential furnishings such as work stations, tables, and refrigerators.
In October 2019, the employee injured his thoracic and lumbar spine when a bookcase struck him. The injury temporarily partially disabled him. The defendant gave him modified duties like office work and washing trucks.
According to the evidence, the employee was scheduled for a random drug screening on Jan. 27, 2021. He did not appear for the drug testing, did not show up for work, and did not contact his employer.
He also failed to reach out to human resources staff even though they were available to help employees with difficulties with their supervisors. One HR staff member previously assisted the applicant with an issue with his supervisor. She tried to contact the applicant multiple times, but he did not return her calls.
The defendant terminated the applicant for cause on Jan. 29, 2021. The failure to submit to a required drug test was considered a failed drug...
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