GQ Corner
Q. How do I evaluate whether an offer of employment qualifies as a Bona Fide Offer of Employment?
A. Rule 129.6 governs Bona Fide Offers of Employment. Rule 129.6 (c) sets out what must be included in an offer for it to qualify as a bona fide offer of employment. It states, “An employer’s offer of modified duty shall be made to the employee in writing and in the form and manner prescribed by the Commission. A copy of the Work Status Report on which the offer is being based shall be included with the offer as well as the following information:
(1) the location at which the employee will be working;
(2) the schedule the employee will be working;
(3) the wages that the employee will be paid;
(4) a description of the physical and time requirements that the position will entail; and
(5) a statement that the employer will only assign tasks consistent with the employee’s physical abilities, knowledge, and skills and will provide training if necessary.”
Please note that the Appeals Panel has strictly construed the requirements of Rule 129.6, and has indicated that specificity is required regarding the specific schedule the employee will be working and the specific job duties the employee will be performing. Additionally, the report must be identified in the report and attached to the offer of employment. If you have specific questions regarding a potential offer of employment, you should refer it to your one of the FO&L attorneys for additional guidance. Remember, even if the offer does not strictly comply with Rule 129.6, it may still evidence of a reasonable return to work opportunity of which the claimant failed to avail himself.
Q. I have an employee who suffers from seizures, and apparently has suffered from them his entire life. While at work, he suffered a seizure, causing him to fall and break his wrist. Since the seizures predate his employment, and nothing about his employment caused him to have the seizure, can I deny the claim in its entirety since the employee would not have broken his wrist but for his pre-existing seizures?
A. No, you cannot deny the entire claim on this basis. While the underlying seizure would certainly not be related to the compensable injury, the Appeals Panel has held that the resulting injury from the fall (the wrist fracture in your scenario) would be a compensable injury.
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