Monast Law Office -February 2020

A Show of Good Faith 3 REQUIREMENTS OF LIGHT-DUTY WORK

I n May 2012, Alfredo Pacheco suffered injuries to his ankle and foot while working for Aluminum Company of America in Ohio. Pacheco filed for workers’compensation and was awarded total temporary disability for 10 months. When his doctor released him on light duty, the

A light-duty job offered by the employer must meet certain requirements set by the Ohio Bureau of Workers’ Compensation (BWC):

1. Provide a written offer that clearly identifies the position, describes the required duties, and specifies the physical demands of the job. This means the employer cannot promise to find something suitable once the injured worker returned to work. The job must be clear before the employee returns to work. 2. Offer suitable employment within“reasonable proximity” of the injured worker’s residence. Basically, the worker cannot be required to drive a long distance to another location for light-duty work. 3. Make the offer “in good faith.” Light-duty work must be legitimate work. It’s the last requirement that caused the Ohio Supreme Court to side with Alfredo Pacheco. In January 2019, the court ruled that light-duty work consisting of sitting in the cafeteria and doing nothing violated the BWC’s good faith requirement. The court agreed with Pacheco’s claim that being put in plain view of other workers in the cafeteria was a form of punishment and could have been perceived as a warning to other employees against filing for workers’ comp. Most employers will act in good faith, offering injured workers legitimate light-duty work when possible. However, this isn’t always the case. If you’re offered light- duty work that doesn’t seem like a real job, call 614-334-4649 immediately. Let an experienced workers’ comp attorney look over your case and determine if you’re being treated in good faith.

aluminum plant offered himwork he could performwhile sedentary. However, this“work”ultimately consisted of Pacheco sitting in the cafeteria in plain view of other employees with almost nothing to do. Did Pacheco’s assignment qualify as light-duty work? Due to the limitations caused by their injuries, many workers cannot return to the jobs they held before. However, if a workers’comp doctor determines that an injured worker can return to work, they can be released to light duty. When this happens, the doctor will provide the employer with a list of the injured worker’s restrictions. It’s expected that the employer makes a reasonable attempt to meet those restrictions so the worker can return to gainful employment. SUDOKU

Make date night simple with this easy shrimp scampi recipe. EASY SHRIMP SCAMPI NIBBLES WITH NUG

Inspired by The Blond Cook

INGREDIENTS

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4 tbsp butter 4 tbsp olive oil

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1/2 cup dry white wine 1/4 cup lemon juice 8 oz cooked linguine

1 tbsp minced garlic

1 lb shrimp, peeled and deveined

1/4 cup parsley

1/2 tsp oregano

DIRECTIONS

1. In a skillet over medium heat, melt 2 tbsp of butter with 2 tbsp of olive oil. Add garlic and cook for 2 minutes. 2. Add shrimp and oregano, stirring frequently until shrimp is pink. Remove shrimp from skillet. 3. Add wine and lemon juice to skillet and bring the mixture to a boil. 4. Stir in remaining butter and olive oil and cook until butter is melted. 5. Add cooked shrimp to skillet and cook for 1 minute, stirring occasionally. 6. In a serving bowl, top cooked linguine with shrimp mixture. Garnish with parsley and serve.

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614-334-4649

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