Candelari v. Patterson - Job offer letter not needed when claimant isn't already receiving temporary disability benefits.

 In Candelari v. Patterson,  W. C. 4-760-464 (ICAO July 20, 2009), the  Claimant was given restrictions by his authorized treating physician following an on-the-job injury.  He worked for seven days and then did not return to work and was terminated.  The Claimant argued that he should receive temporary total disability.  A dispute regarding the nature and extent of his restrictions was resolved by the ALJ in favor of the Respondents.  However, the Claimant argued that the job offer requirements in the statute were not met. 

The Colorado Workers Compensation Act provides in §8-42-105 (3)(d)(I) that if a claimant is off work as a result of an injury and has been given restrictions, the respondents can terminate benefits if a written job offer is made to the claimant.  The requirements of §8-42-105 (3)(d)(I) are that after a treating physician gives the Claimant a release to return to modified work, the employer can offer a job to the Claimant within his restrictions.  The offer must be made in writing.  If the Claimant fails to return to work, the Respondents may terminate temporary disability benefits. Rule 6-9(A)(3) WCRP also requires a doctor’s statement that the employment being offered is within the claimant’s restrictions

In Patterson the ICAO ruled that the statute does not apply.  The statute only applies to the termination of temporary disability benefits.  But the Claimant in Patterson had returned to employment within his restrictions and had never received temporary disability benefits. Therefore, the Respondents did not have to send a letter when the claimant did not return to work being offered to him within his restrictions