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Employer Fails to Offer Injured Worker Position Consistent With Permanent Restrictions

Tuesday, October 11, 2022 | 0

The Illinois Appellate Court upheld a determination that an employer failed to offer an injured worker a job that complied with his permanent restrictions from an elbow injury. Case: Asplundh Brush Control v. IWCC, No. 1-21-1522WC, 09/23/2022, unpublished. Facts and procedural history: Benjamin Smith worked for Asplundh Brush Control.  Smith resided in Indiana and traveled for jobs, which required him to stay in hotels throughout the week. In April 2015, Smith allegedly injured his right elbow while carrying an object uphill in the rain. He reported an injury but did not seek imme...

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