Workers’ compensation premiums going through the roof? A recent court decision shows that one method to help keep those premiums in check will even stand up to a court challenge.

An employee at a company suffered a back injury — a herniated disc.

During her recovery, a doctor examined her and said she was capable of performing a light-duty job that didn’t involve lifting, bending or carrying. The company had such a job, and the employee could sit, stand and change her position as needed.

However, the worker claimed she couldn’t drive to work because she had spasms in her legs, and pain “all over her body” interfered with her ability to think and focus.

She didn’t report for her light-duty job, and the company withdrew her workers’ comp benefits.

The employee appealed three times. An administrative law judge, the workers’ comp appeals board and a state appeals court all ruled in the company’s favor.

The appeals court challenged the worker’s credibility, noting that she changed her story more than once.

It also noted that, despite her claim that her pain interfered with her ability to think and focus, she seemed perfectly able to do so in court.

In setting up its light-duty program, this company took steps that eventually helped its case:

• Details about the demands of the job were spelled out, and
• The employer presented the specifics of the job to a doctor who had treated the injured employee and got an opinion that she was able to perform the necessary tasks for the position.

Cite: Freeman v. Workers’ Comp. Appeals Board, Commonwealth Court of PA, No. 1278C.D. 2009, 2/1/10.