Claim of Bentvena v. City & Suburban

Claimant sustained a work-related injury in July 2003. Thereafter, the employer and its workers’ compensation carrier raised an issue as to whether claimant voluntarily withdrew from the labor market by refusing the offer of a light-duty work assignment. Following several hearings and the deposition testimony of five doctors, a Workers’ Compensation Law Judge determined that claimant voluntarily withdrew from the labor market. Upon review, the Workers’ Compensation Board reversed, prompting this appeal by the employer and the carrier.

“[W]hether a claimant’s failure to accept a light-duty…