GQ Corner
Q. I have an injured worker who has been released to return to work with restrictions, which include the following: sedentary work only and no driving company or personal vehicle. The employer is able to accommodate the sedentary work restriction, but they are unsure how the injured worker will get to work. If the employer extends to the injured worker a bona fide offer of employment, does the employer have to provide transportation to the employer’s premises?
A. There is never a requirement for the employee to provide transport. However, an offer must be “geographically accessible” to qualify as a bona fide offer. Rule 129.6 provides the criteria for geographic accessibility:
(e) In evaluating whether a work location is geographically accessible the carrier shall at minimum consider:
(1) the affect that the employee’s physical limitations have on the employee’s ability to travel;
(2) the distance that the employee will have to travel;
(3) the availability of transportation; and
(4) whether the offered work schedule is similar to the employee’s work schedule prior to the injury.
Q. The injured worker tested positive for alcohol in the post-injury drug screen; however, the level of alcohol in his system was .05, below the .08 limit. Can I deny the claim based upon the positive test for alcohol?
A. The testing level does not invoke the presumption of intoxication under 401.013(a)(1). However, if the preponderance of the evidence showed that Claimant did not have the normal use of his or her physical or mental faculties, then intoxication may still be found to exist under 401.012(a)(2)(A). If the facts so warrant, you may have a basis for denial.
FOLIO
