PA workers compensation law, can an employer lay off an employee that is on light duty

Asked almost 6 years ago - Pittsburgh, PA

CAN A EMPLOEYER LAY OFF A PERSON WHO IS ON LIGHT DUTY. I can't lift my arm over my head. Also, I have torn rotator cuff that the surgeon felt surgery was needed. This was six months ago and I still can't lift above my head. Today I was released and laid off. I

Additional information

What if the employee was laid off but offered the same light duty work but just on a different shift and refused the work-is he or she entitled to benefits since employer offered work but he/she refused it?

Attorney answers (1)

  1. Glenn Neiman

    Pro

    Contributor Level 12

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    Answered . In PA, when an injured worker who has returned to modified duty work loses that job "through no fault of his own," (such as in the case of being laid off), then the workers' compensation insurance carrier is to reinstate temporary total disability benefits. If the insurance carrier does not voluntarily reinstate benefits, then you can file a Petition to Reinstate.

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