Mrs. J. Morin

The worker, who had a permanent knee impairment from a 2008 workplace accident, was performing modified duties when a general layoff occurred in December 2013.

The worker objected to the denial of loss of earnings benefits from December 23, 2013 to March 23, 2014.

The Appeals Resolution Officer found that the initial layoff was a general seasonal layoff affecting all employees, not caused by the worker's impairment.

However, because the worker required permanent accommodations that were unlikely to be provided by another employer, and because other employees were recalled in January 2014 while the worker was not due to a lack of modified work, the worker was entitled to full loss of earnings benefits from the date the first worker was recalled in January 2014 until March 23, 2014.