Title 34, Chapter 9, Section 240
( 34-9-240)
(a) If an injured employee refuses employment procured for him or
her and suitable to his or her capacity, such employee shall not be
entitled to any compensation at any time during the continuance of
such refusal unless in the opinion of the board such refusal was
justified. (b) Notwithstanding the provisions of subsection (a) of this Code
section, if the authorized treating physician releases an employee
to return to work with restrictions and the employer tenders a
suitable job to the employee within those restrictions, then: (1) If the employee attempts the proffered job and is unable to
perform the job for more than 15 working days, then weekly
benefits shall be immediately reinstated, and the burden shall be
upon the employer to prove that the employee is not entitled to
continuing benefits; or (2) If the employee refuses to attempt the proffered job, then the
employer may unilaterally suspend benefits upon filing with the
board the appropriate form with supporting documentation of the
release to return to work with restrictions by the authorized
treating physician, the tender of a suitable job within those
restrictions, and a statement that the employee did not attempt
the proffered job. Under those circumstances, the burden shall
shift to the employee to prove continuing entitlement to benefits. |