Law360, New York (July 22, 2011, 11:15 AM EDT) -- Determining when an employee is entitled to a light duty assignment as an accommodation is a challenging issue for many employers. Employers should not solely rely on disability determinations made in workers' compensation matters to decide whether to return employees back to work or to decide whether they are able to take on a light duty assignment. And employers who have a policy or practice of creating new, light duty positions for injured workers may be obligated to do so for future injured workers as well.
In Cuiellette v. City of Los Angeles, the Second Appellate District Court affirmed a $1,571,500...
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