What constitutes a valid light duty job offer in Washington?
If an injured worker is not able to perform their job of injury, but is able to perform some type of work, offering a light duty job is often a good option. For a light duty job offer to be “valid” pursuant to RCW 51.32.090(b):
- A job description or job analysis must be sent to the attending provider, with a copy sent to the injured worker, and
- The job must be approved by the attending provider.
The job description or analysis must describe the work available with sufficient detail to allow the attending provider to relate the activities of the job to the worker’s disability.
In addition, in significant decision In re Richard Gramelt, the Board of Industrial Insurance Appeals found that to constitute a valid light duty job offer, the offered employment must be within the worker’s relevant labor market, which requires the job be within a reasonable commuting distance. The Board defined “reasonable” as: “within the bounds of common sense;” “not extreme or excessive.”
If an injured worker declines a valid light duty job, they are not entitled to time loss compensation or loss of earning power.
If you have any questions about what constitutes a valid light duty job offer, feel free to contact me at or (503) 595-6114.
Posted by Liz Aaberg.
