However, applicant was entitled to seek benefits despite his initial refusal of work, judge says

Refusing valid modified work offers was unreasonable, which would usually justify denying the worker temporary total disability (TTD) benefits, a recent ruling said. However, this issue became moot after the offers were withdrawn.

In Ball vs. Quality Drivers Solutions; Ace American Insurance Company, care of Cannon Cochran Management Services, the defendant employer refused to pay the applicant worker TTD benefits. The employer made the following arguments:

• It provided the applicant with two valid modified work offers with nonprofit organizations in line with Rule 10116.9 of the California Code of Regulations;
• The worker’s refusal of these offers amounted to grounds for denial;
• The offers should be considered not withdrawn because the applicant’s attorney, in communicating with the nonprofits, intentionally interfered with the return-to-work process so that the worker could claim TTD benefits.

The workers’ compensation administrative law judge found that the applicant’s refusal of the offers was unreasonable on its face and that this would ordinarily justify denying temporary total disability benefits.

However, the judge held that the issue became moot after the nonprofits withdrew their offers. The judge found that the applicant’s attorney did not commit any wrongful interference causing the nonprofits to withdraw their offers. Instead, the applicant’s counsel simply...

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