The worker objected to three case manager decisions denying loss of earnings (LOE) benefits for a brief period in May 2019, finding no breach of the employer's re-employment obligation upon his termination in October 2019, and denying LOE benefits subsequent to the termination.
The Appeals Resolution Officer allowed the worker's objections in part.
The Officer found the worker was entitled to full LOE benefits for the initial period of absence in May 2019.
Furthermore, the Officer determined the employer breached its re-employment obligation by terminating the worker within six months of re-employment, as the employer failed to rebut the presumption that the termination was related to the workplace injury.
The worker was awarded full and partial LOE benefits for various periods following his termination and referred for work transition assistance.