Weglarz v. Convention & Show Services, Inc., 2010 ACO #52
The plaintiff in this matter was injured at work. The claim was deemed compensable and the defendant paid both wage loss and medical benefits. Following the injury and subsequent surgery, the plaintiff was released without restrictions. The defendant offered the plaintiff a job, but the job offer was found deficient on its face by the magistrate at the time of trial. (i.e. the offer was not a bona fide reasonable offer) Specifically, the magistrate found that the offer was not a reasonable distance from the plaintiff’s home, it did not offer to accommodate any restrictions, and it did not state the duration of time the job would be available. The WCAC agreed.

Key Point: According to the WCAC the offer of employment must be for a specific job, rather than a group of available jobs, and contain specifics about the job, including work duties and proposed restrictions.