The worker, a long-haul truck driver, suffered work-related bilateral shoulder injuries resulting in permanent restrictions.
After the employer terminated his employment, the worker secured new employment and received partial Loss of Earnings (LOE) benefits.
The employer subsequently offered the worker a Highway Driver position, which the worker declined.
The Appeals Resolution Officer found that the employer came into compliance with their co-operation obligations by making the job offer.
However, the job offer was deemed not suitable because the employment contract superseded any verbal or written assurances and included physical requirements exceeding the worker's restrictions.
The worker was granted partial LOE benefits based on his actual earnings with his new employer.