Responsibility for Termination

Claimant sustained a compensable work injury to his right upper extremity during a required employment physical.  Claimant received initial care for his upper extremity and he was tentatively diagnosed with CRPS.  While receiving care, Claimant continued full duty for Respondent Employer performing sandblasting activities.  In July 2019, Claimant was working with a crew of three in Nebraska.  Claimant was close to his co-workers and they all lived together and worked together.   Claimant’s two co-workers resigned to pursue better work opportunities. To notify Respondent Employer of their resignation, the Nebraska crew lead emailed their Colorado supervisor that all three of the crew members were quitting.  Claimant alleged that he did not want to quit his employment with Respondent Employer.  Claimant testified that he contacted his Colorado supervisor and asked for additional work now that the Nebraska crew was gone.  Claimant argued that he was terminated from his employment because he could not perform the sandblasting activities required and no modified work was available.   However, Claimant admitted that his Nebraska co-workers asked him to join them at their new employer and Claimant did begin working for the new employer immediately after he left Respondents employ.  Thus, the judge found that Claimant was responsible for his termination and he was not entitled to TTD benefits.

Luis Rivas v. Arctic Slope Regional Corp., W.C. No. 5-100-039

Want to know more?  Contact Kristi Robarge at krobarge@pollartmiller.com or 877-259-5693.

August 2020 Newsletter

2020-08-27T15:31:07+00:00