Modification Based on a Specific Job Offer
The claimant in this case, World Kitchen, Inc. v. Workers’ Compensation Appeal Board (Rideout) returned to work for the employer in a 40-hour a week position in which she was to earn slightly less than her pre-injury earnings. However, she began having problems performing the job and took days off, because of her work-related back pain. The judge and the Board found that she was entitled to benefits based on the amount of actual earnings and not the 40 hour a week job. The Court reviewed the evidence and found that the claimant never established medically or even factually that she was missing work as a result of her work-related back condition. Thus, it reasoned that the employer was entitled to a modification based upon the 40 hour a week job.
