An Examination of Suitable Employment Under North Carolina Workers’ Compensation Act

Don’t refuse or accept adjusted employment following a workplace injury without speaking to a lawyer about the offer’s suitability. The North Carolina Court of Appeals hands down opinions regarding workers’ compensation in this state that change the requirements for employees’ returns to work. One influential decision led to a provision in N.C. Gen. Stat. § 97-2(22) requiring suitable employment to be located within 50 miles of the employee’s residence. This decision made it clear that this distance is indeed a requirement, and not merely a factor to be considered for suitability. Anyone dealing with a workplace injury claim should understand North Carolina’s Workers’ Compensation Act and how the concept of suitable employment may impact their return to work.

The case first came about in December 2012 when the plaintiff, Franklin Falin, suffered a compensable injury to his left leg. Falin had moved to Aurora, North Carolina, from Kingsport, Tennessee, two months earlier after accepting a construction job with The Roberts Company Field Services, Inc. (Roberts, Co.). After several months of medical visits, procedures, and physical therapy, Falin’s treating orthopedist placed him at maximum medical improvement (MMI), indicating that Falin could perform medium-level work.

On August 20, 2013, Roberts, Co. offered Falin a Tool Clerk position in Charleston, South Carolina. The position paid an amount to bring Falin back to his pre-injury average weekly wages and was within Falin’s work restrictions. Falin’s doctor determined that he was “qualified to return to that job from an orthopedic standpoint.” The project in Charleston was 338 miles from the plaintiff’s residence in Tennessee. One week later, Falin rejected the Tool Clerk position.

Roberts, Co. subsequently filed an Application to Terminate or Suspend Payment of Compensation claiming that Falin’s refusal to accept suitable employment justified termination of disability benefits based on North Carolina’s Workers’ Compensation Act §97-2(22) and §97-32. In response, Falin contended that he had not wrongfully rejected suitable employment, as the job offered to him was not within 50 miles of his residence and was therefore not “suitable” within the statute.

The 2011 law at issue defines “suitable employment” as work “the employee is capable of performing considering the employee’s… limitations, vocational skills, education, and experience and is located within a 50-mile radius of the employee’s residence.” The law as passed continues, “no one factor shall be considered exclusively in determining suitable employment.”

Appealing to the NC Court of Appeals, Roberts, Co. contended that the 50-mile radius provision was a factor to be considered in a totality of circumstances and not a separate clause. They reasoned that the Tool Clerk position was suitable because it was actually closer to Falin’s residence than his job in Aurora, North Carolina.

The Court of Appeals, interpreting the statute for the first time, unanimously disagreed. The court held that the 50-mile requirement is a hard-and-fast rule rather than one factor to be balanced among others. The court reasoned that the legislature detailed the 50-mile radius provision as a separate and distinct clause from the list of factors. Judge Bryant, author of the opinion, pointed out that the legislature could have chosen to include “distance from a worker’s home” as another factor, but chose not to. By reading the statute to include the specifically delineated 50 miles, Bryant said the court would be ignoring “the ordinary rules of grammar and disregard the legislature’s intent.”

The court added that even if the distance were just a single factor to be considered, the sheer distance between Falin’s home and the job offered to him would overwhelm all of the factors in this case.

North Carolina is an at-will employment state, meaning employers may terminate employees for many reasons, including a workplace injury. If an employer keeps an injured person employed while they rehab the injury, the company is legally obligated to provide an accommodated job or work environment upon the employee’s return. It’s essential to understand employment laws like these to protect your rights to return to work. If you’re offered a job that violates your work restrictions or one that is more than 50 miles from home, it may not qualify as ‘suitable’ under North Carolina’s Workers’ Compensation Act. A workplace injury lawyer can review your claim and the job offer to determine whether you have grounds for refusal or if another legal action is needed.

Dealing with a work-related accident is hard enough. Let workplace injury lawyers help you with the legalities of your claim. If you are unfairly denied workers’ compensation benefits or were given an unsuitable job upon your return, you have rights under North Carolina’s Workers’ Compensation Act. Contact Miller Law Group, PLLC, for a free consultation.