Bower v. Whitehall Leather Co.

Blair Moody, Jr., J.

The issue presented in this case is whether a partially disabled worker must forfeit all rights to workers’ disability benefits because he will not leave a job in Florida to accept his former employer’s offer of favored work when (1) he is physically able to perform the work; (2) the employer did not offer the work until the day of the hearing on the disability claim, nearly one year after the submission of that claim; and (3) the worker, in the meantime, had moved his family to Florida and accepted substitute lighter work there, the wages of which are credited against the…