Britt v. Dyer's Employment Agency, Inc.
Annotate this CaseEmployer, a temporary staffing agency, assigned Employee to work temporarily at a manufacturing facility. Employee suffered a work-related injury during the assignment and reported the injury to Employer. At approximately the same time, the manufacturing facility ended Employee's assignment. Employer subsequently terminated Employee's employment and did not return Employee to work. The trial court awarded Employee workers' compensation benefits but capped the award at one and one-half times the medical impairment rating. The special workers' compensation appeals panel vacated the trial court's judgment and remanded for a determination of whether Employee had a meaningful return to work. The Supreme Court vacated the judgments of the lower courts, holding that because Employer neither returned Employee to work after his injury, nor offered him an opportunity to work, nor terminated his employment for misconduct, Employee's benefits award was governed by the statute authorizing benefits up to six times the medical impairment rating rather than the statute capping benefits at one and one-half times the medical impairment rating. Remanded.
Court Description: Authoring Judge: Justice Cornelia A. Clark
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