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Suppose an injured worker has recovered to the extent she/he can, and has been deemed to be at maximum medical improvement (MMI). Further suppose that
Suppose an injured worker has recovered to the extent she/he can, and has been deemed to be at maximum medical improvement (MMI). Further suppose that the worker has a permanent impairment that prohibits her/him from lifting more than 50 pounds. The job the worker normally performed at the facility requires the worker to lift 50 pounds approximately two to three times per month. Otherwise, she/he can perform the job without any accommodations. The injured worker wants their ordinary job back and asks for a $500 lift assist device for the occasions lifting 50 pounds occur. The employer responds by stating that since the employee cannot perform the essential functions of the job, she/he cannot have their normal job back, but instead offers the employee another position in the company making $2.00 per hour less. Does the employer's response present any liability concerns? Consider the employer has 25 employees, and there are no state laws requiring more of the employer than existing federal laws
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