A Capehart Scatchard Blog

Tag: Light Duty

Pro or Con: Reducing Pay While Employee Is On Light Duty?

I received an excellent question today from a reader of this blog.  The question was this:  “I’m looking for some information on whether it is acceptable to bring an employee back for light duty at a wage that is lower than their pre-accident wage provided that they are paid at least at the temporary total […]

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Appellate Court Upholds Termination of Employee Who Exceeded Light Duty Limit

By on May 30, 2016 in ADA, NJ Workers' Comp with 1 Comment

Most employers put limits on light duty and do not allow permanent light duty.  That was the case of the employer in the matter of Frazier-White v. David Gee, 2016 U.S. App. LEXIS 6318 (11th. Cir. 2016).  Plaintiff Frazier-White worked as a community service officer for the Hillsborough County Sheriff’s Office (HCSO).  She was responsible […]

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Can an Employee Be Paid Less on Light Duty than the Employee Was Receiving in Temporary Disability Benefits?

New Jersey has a powerful provision allowing employers to terminate temporary disability benefits on an offer of light duty, provided that the offer is made.  If it is made, the employee must return to the light duty job or temp benefits will be terminated. But what happens if the light duty offer involves fewer hours […]

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Light Duty – Harbatuk v. S&S Furniture Systems Insulation

In addition to terminating temporary disability benefits on maximal medical improvement, an employer can terminate such benefits when the employee can return to work light or modified duty under Harbatuk v. S & S Furniture Systems Insulation, 211 N.J. Super. 614 (App. Div. 1986). The basic rule which emerges from Harbatuk is this:  the employer has […]

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