“Workers’ Refusal of Light Duty Does Not Have to Relate to Injury, Georgia Court Says”

Swift Currie attorney Sara Phillips was featured in an article for Insurance Journal discussing a Georgia Court of Appeals decision holding that an injured employee in Georgia does not need to show that their reason for refusing light-duty work is injury-related.

“I do not believe this case creates an opening for an onslaught of new exposure. However, it is certainly something to keep in mind when both sides are crafting their arguments before the courts,” Phillips said.

Phillips mentioned that the John Taylor vs. Argos USA ruling calls for greater awareness rather than an overhaul of existing protocols. “I do not believe the court’s decision in Argos necessarily warrants a significant shift in TTD exposure or handling protocols. However, it does warrant some additional understanding and training,” Phillips said.

While the Argos case centered on a COVID-related refusal, Phillips noted the decision could open the door to a broader range of scenarios. “If comorbidities are cited, then more information is needed,” Phillips highlighted.

“In this post-Covid era, if a claimant were to refuse a light-duty position due to diabetes, as an example, I think the next line of questioning claims handlers should ask is when was the worker diagnosed. And how does that condition impact the worker’s ability to perform the offered job when presumably it did not matter before the work injury,” Phillips advised.

“Undoubtedly, the court’s reasoning in Argos makes the analysis of whether a refusal of light duty work somewhat more complex, but it is not insurmountable and can likely be remedied with a bit more investigation,” Phillips said.

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