When I Return To Work In A Light Duty Position For My Employer, Am I Required To Work Overtime Like I Did Prior To My Injury At Work?

This issue was addressed by Rainey v. Goodyear Tire and Rubber Co. (2022).

In this case the injured employee was placed out of work due to his workplace injury and his employer paid him weekly disability checks for his time out of work. As his medical treatment proceeded the injured employee was ultimately allowed to return to work under light duty work restrictions. When the injured employee returned to work for his employer in a light duty position within his assigned work restrictions he was paid his same pre-injury hourly wage, but he did not work overtime which he averaged at 22.9 hours per week prior to his injury.

The employer refused to pay the injured employee partial disability checks based on the reductions in his overall pre-injury wages, due to the fact he was not working any overtime hours. The employer argued that the injured employee did not work any overtime hours because he simply chose not to work any overtime hours, as he did prior to his injury at work. The employer also argued that there was no medical evidence that the injured employee was unable to work overtime hours due to his injury at work.

The injured employee argued that the light duty position he was performing within his assigned work restrictions did not require enough work to require overtime hours. The injured employee also argued that his ongoing symptoms due to his workplace injury prevented him from working overtime hours, even if they were required.

The North Carolina Industrial Commission and the North Carolina Court of Appeals both determined that the injured employee’s return to work in a light duty position within his assigned work restrictions resulted in a reduction in his overall pre-injury wages and the employer was required to provide partial disability checks in order to address this reduction in pre-injury wages.

Should you have any questions about this or any of issues involving your work-related injury, please feel free to reach out to one of the Board Certified Workers’ Compensation Specialists at Cardinal Law Partners for a free consultation by calling (833) 444-4127.