- Loss of earnings {LOE} (level of benefits) (hours of work)
- Loss of earnings {LOE} (lay-off) (work-share program)
The worker was granted entitlement for a permanent impairment associated with PTSD arising from an assault. In December 2014, an ENT specialist determined that the worker's respiratory/sinus issues were the result of a deviated septum sustained in the assault. The worker stopped working in January 2015. The issue under appeal was whether the worker was entitled to loss of earnings (LOE) benefits from January 11, 2014 to January 11, 2015, based on the part-time hours she worked in a job share during that time.
The Panel denied the appeal.The evidence did not establish that the worker could only work 20 hours per week. The worker's wage loss resulted from the job share arrangement and her decision to request this arrangement, and not her compensable injuries. While the Panel accepted that the worker's compensable nasal and respiratory issues were a significant part of why the worker requested a job share arrangement, she did not communicate these reasons to the employer or request accommodation to manage her condition. The employer had no opportunity to accommodate her or to offer her suitable modified duties. In addition, the worker's view that she needed to work part-time hours due to her compensable nasal and respiratory issues was not the result of a medical opinion or a medical recommendation from one of her treating physicians. As noted above, there was no medical evidence indicating the worker was limited to working part-time hours as a result of the nasal and respiratory issues.