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Employer Receives Credit for Overpayment in Light Duty Refusal Case

November 5, 2011

Christopher Whitlock successfully prosecuted a case, wherein the Claimant had suffered a compensable back injury, but repeatedly refused suitable light duty work that was offered by the Employer. The Administrative Law Judge found that the Claimant had unjustifiably refused suitable light duty work and held that the Employer/Insurer was entitled to a credit for an overpayment of 59 weeks for the payments made to the Claimant during the period of refusal.  The Administrative Law Judge’s Award was upheld by the Appellate Division of the State Board of Workers’ Compensation, and by the Douglas County Superior Court.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.