It is a common practice for employers to avoid discharging employees who violate policy if they are receiving workers compensation benefits and thereby working a modified duty assignment, but it is very important that these employees are held to the same standards as their workmates, including compliance with applicable policies and procedures.
In a recent case, a nursing assistant who had been injured at work and was therefore restricted to working in a modified duty capacity was discharged for working beyond the limitations of her employment. After receiving a prior warning, she continued to perform tasks that were not part of her job description and which required additional qualification. As a result, she was also denied her request to reinstate her workers’ compensation benefits. This case supports the unemployment practice of treating all employees fairly and equally in accord with their company policies and provides additional support for employers who are unsure of their obligations in cases involving employees receiving workers’ compensation benefits.
Read the Full Case Details Here: https://www.courtlistener.com/opinion/4382769/i-waugh-v-wcab-st-mary-medical-center/