If you’ve been injured at work in Pennsylvania, you may eventually receive a release to “light-duty” based on the opinion of an Independent Medical Examination (IME). This can dramatically shift the course of your workers’ compensation claim, and raise pressing questions: Do you have to accept the light-duty job? What happens if you don’t?
This guide breaks down what light-duty actually means, when you can legally and medically refuse it, and how those choices may affect your wage-loss benefits. You’ll also learn how Pennsylvania workers’ comp laws define suitable work, and when legal help is essential to protect your rights and financial support.
What Does Light-Duty Mean in a Workers’ Comp Claim?
In Pennsylvania, “light-duty” refers to work that is modified to fit within your medical restrictions. This could involve reduced lifting, shorter hours, alternative tasks, or physical accommodations. When an IME concludes that you’re capable of performing such work, the insurer may issue a Notice of Ability to Return to Work (Form LIBC-757). This notice does not terminate your benefits, but it indicates that your work capacity is now under review.
Can You Refuse Light-Duty?
Yes, you can refuse a light-duty offer, but doing so may put your wage-loss benefits in jeopardy if the offer is legitimate. Under Pennsylvania law, an employer must present a real, available position that falls within your medical restrictions and is located within your usual employment area. If you decline without a medically or legally sound reason, the insurer may request that your wage-loss benefits be suspended or reduced.
However, the law also protects injured workers from being forced into unsuitable or unsafe positions. Courts assess whether a job is truly “suitable” under Pennsylvania’s legal framework, taking into account your restrictions, skills, and availability of work. A work injury lawyer can be instrumental in determining whether a specific job offer meets those criteria.
What Happens If You Refuse Light-Duty?
When you refuse a valid offer that matches your restrictions, your employer or their insurer can petition the court to suspend your wage-loss benefits (if the job pays the same as your pre-injury wages) or modify them (if it pays less). A judge will consider medical records, job descriptions, vocational reports, and your testimony before deciding whether benefits should be adjusted.
If no job is actually available, either with your employer or in the general labor market, your wage-loss benefits typically continue uninterrupted.
When a Refusal May Be Justified
You may have good cause to refuse light-duty if the job offer isn’t truly suitable or available. For instance, if the job tasks exceed your medical restrictions, or the position lacks key details such as schedule, pay, or location, you may be justified in saying no. Offers that are vague or not supported by realistic accommodations (like sit/stand options or lifting limits) also raise red flags.
Additionally, if the position isn’t a genuine vacancy or falls outside your normal work area, it may not meet the legal standards for a valid offer. Even if you’re applying to jobs identified in a labor market survey and are not hired, this may show the jobs weren’t actually available—another potential justification for continuing benefits.
Handling Conflicting Medical Opinions
An IME is only one opinion in your medical file; it is not a definitive diagnosis. Your treating provider’s views carry considerable weight, especially when they are clear, consistent, and well-documented. If your treating doctor disagrees with the IME and believes you should not return to work, that conflict becomes part of the evidence the judge will consider.
It’s crucial that your provider puts current restrictions in writing and explains the specific limitations you face. An experienced attorney can help organize and present this medical evidence in a way that strengthens your case.
What to Do When You Receive a Light-Duty Offer
When you receive a Notice of Ability to Return to Work or a job offer, take the following steps:
- Organize the paperwork. Save the LIBC-757 and any related medical reports in one place.
- Consult your treating provider. Request written confirmation of your current restrictions and compare those to the duties outlined in the job offer.
- Clarify unclear terms. If the offer lacks details on pay, location, schedule, or job duties, request that this information be provided in writing.
- Respond in writing. Whether you accept or decline, document your response and tie any refusal directly to your medical restrictions.
- If attempting the job, keep records. Track any symptoms, task difficulties, and missed work, and report them to both your provider and employer.
If the insurer relies on a labor market survey to show that work is available elsewhere, you must apply to those jobs in good faith and keep proof of your applications, interviews, and outcomes.
How Partial Wage-Loss Benefits Are Calculated
If you return to work but earn less than before, you may qualify for partial disability benefits. These are calculated as two-thirds of the difference between your pre-injury wages and your current earnings, subject to a state cap.
For example, if your average weekly wage was $900 before the injury and your light-duty role pays $600, the difference is $300. You’d typically receive about $200 per week in partial wage-loss benefits, two-thirds of the shortfall.
Two Ways Insurers Try to Reduce Benefits
Insurers often use two legal strategies to reduce what they owe:
- Direct job offers from your employer, tailored to your restrictions and location. If refused without a valid cause, the insurer may pursue a suspension or modification of benefits.
- Labor market surveys, which show potential jobs in your area that match your limitations. If you fail to apply or cannot show that those jobs weren’t truly available, your benefits could be reduced based on your perceived earning power.
In either case, detailed documentation is key to defending your claim.
Common Mistakes That Can Undermine Your Case
Failing to respond to the LIBC-757, missing application deadlines, refusing work without medical backing, or not applying to listed jobs can all harm your claim. Even assuming there are “no light-duty jobs available” without documenting that fact can lead to a suspension of benefits.
Frequently Asked Questions
Will I lose wage-loss benefits if I refuse light-duty after an IME?
Possibly, if the offer is legitimate and fits your restrictions. A judge will evaluate whether your refusal was reasonable.
Does the LIBC-757 automatically stop my benefits?
No. It only indicates that the insurer believes you are capable of working; it does not automatically terminate your benefits.
What if I try the job and can’t physically do it?
Document your issues, notify your employer, and consult your provider immediately for updated restrictions.
Do I have to apply to labor market survey jobs?
Yes, in good faith. If you’re not hired, your efforts can help prove that those jobs were not realistically available.
What if my employer doesn’t offer any light-duty roles?
In that case, and if the labor market jobs aren’t truly available, your benefits generally continue.
When to Contact a Pennsylvania Workers’ Compensation Lawyer
Refusing, accepting, or attempting a light-duty role can all affect your claim. A workers’ comp attorney can help you navigate the implications of an IME, interpret vocational evidence, and prepare a strong case for a judge. Before making a significant decision or attending a hearing, legal guidance can help ensure that your medical restrictions and legal rights are fully protected.
Key Takeaways
- The LIBC-757 signals that your ability to work is under review—but it doesn’t end your benefits.
- You may lawfully refuse light-duty if the job doesn’t match your medical restrictions or isn’t genuinely available.
- All refusals should be documented and grounded in your treating doctor’s written opinion.
- Attempting a position in good faith—and keeping thorough records—can often strengthen your case.
A workers’ comp attorney can help you preserve your wage-loss benefits and prepare for challenges from the insurer.
