Legal Question in Workers Comp in Massachusetts
Is a police department allowed to request that an injured officer, out on a work related injury return to work on light duty when no such thing as existed in the department before?
The officer in this case has had shoulder surgery due to a previous injury at work, and estimated a 6 to 9 month paid recovery period, but only 3 months in he is forced to return to work on light duty.
Also, the specific department has had no former establishment of �light duty� but has claimed that the officer has to return to work with special accommodations, even though he has a slow recovery process noted by a doctor. Is this allowed?
2 Answers from Attorneys
The Americans with Disabilities Act requires that reasonable accommodations be made to permit a person to continue employment while disabled. The only prohibition against 'light duty', if any exists, would be in the collective bargaining agreement covering the officers in that department.
They cannot force you to return to work on light duty. It depends on what your doctor says. Please feel free to conatct me if you would like some assistance with your case.
David Green
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