Gilbertson v. Williams Dingmann, LLC

CONCURRENCE

It might be helpful to state clearly what underlies this workers’ compensation dispute. The employee, for legitimate personal reasons, wants a different work environment. The employer is unable to accommodate the wishes of the employee and the employee plans to leave the workplace a couple of months later and gives notice to that effect. Meanwhile, the employee suffers a work-related injury and the employer and employee sign off on a routine rehabilitation form that reflects the employee’s desire for a different work environment. The employer offers the employee what amounts to her…