Under the New York State Workers’ Compensation Law, an injured worker who is able to perform restricted work activities should not refuse any job that fits those restrictions. Refusing such work can, and usually, will lead to a suspension of lost wage benefits by the insurance carrier.

A more complicated issues arises when the insurance carrier’s medical consultant indicates that the worker is able to do light work but the attending physician has stated that the claimant in unable to do any type of work at all. If that worker is offered a restricted duty job within the insurance carrier’s doctor’s limitations what should he or she do? A new appellate division case found that someone in this situation, who refused to work, and was later deemed partially disabled by the Law Judge was not entitled to lost wages benefits.

If you are receiving Workers’ Compensation benefits and are offered a light duty job, be careful in how you respond.