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Posted by: Karen Belcher on May 24, 2018

Court: TN Workers Comp Appeals Board

Attorneys 1:

Zachary D. Wiley, Nashville, Tennessee, for the employee-appellant, Richard Lasser.

Attorneys 2:

John E. Anderson, Nashville, Tennessee, for the employer-appellee, Waste Management, Inc.

Judge(s): WILEY

The issue in this interlocutory appeal concerns the employee’s entitlement to temporary disability benefits. The employee declined a temporary transitional position at a non- profit organization arranged by his employer. The work was admittedly within the employee’s work restrictions, but the employee refused the work on the basis the employer could not require him to work for another entity. The employer responded by terminating temporary disability benefits. Following a hearing, the trial court denied the employee’s request for temporary disability benefits, finding the employee’s reasons for refusing to perform the temporary transitional work were purely personal. The employee has appealed. We affirm the trial court’s order denying the employee’s claim for temporary disability benefits and remand the case.