Employer Didn’t Offer Injured Construction Worker “Suitable Work”
A road crew construction worker returning after suffering broken ribs and soft tissue injuries in a work accident was offered seasonal flag person work and any light duties not requiring repetitive lifting as the became available. The worker claimed the offer wasn’t “suitable work” under workers’ comp return to work requirements. The WCB agreed finding that the work offered wasn’t a real position, only a patchwork list of job duties with no real job description and no indication as to the physical, vocational and location requirements. The employer appealed but the court ruled that the WCB ruling was reasonable and refused to overturn it [In-Line Contracting Partnership v Alberta (Workers’ Compensation Appeals Commission), 2018 ABQB 529 (CanLII), July 10, 2018].