A description of work-related compensation claims ought not to hinder one from taking a new job or filing a workers’ compensation claim for an injury sustained at work. Nevertheless, whatever is written on the job application or indicated in an interview is significant, especially if one hides information regarding past work injuries, previous compensation claims, or work restraints. Normally, compensation would not be permitted for harm by accident or work-related diseases if the company verifies that at the time of employment, the employee knowledgeably and deliberately made a false representation regarding their physical condition making the employer to depend on the false representations to hire them, and there exists a causal association between the false representation by the worker and the injury or job-related disease. In this case, Kimberly Purcell has learned her lesson the hard way when the compensation commissioner denied her claim, hence, she has applied for a position through the Friday Staffing agency with totally straightforward information regarding her prior medical history.
Ms. Purcell has Applied for a Position through Friday Staffing
Ms. Purcell has applied to be employed with Friday Staffing, which is a firm that fills the labor requirements of a clientele of employers with prospective personnel it hires. The occupation application involved two questionnaires, the "Friday Essential Functions Questionnaire" together with a "Medical History Questionnaire." On the Essential Functions questionnaire, Ms. Purcell holds that she cannot not lift more than twenty pounds, carry more than twenty pounds, bend frequently, pull, push, kneel, squat, and twist. Also, Ms. Purcell indicated that she could not stand and sit for long hours. On the other hand, she filled in the Medical that she had once filed a workers' compensation insurance demand, had an injury and underwent surgery, together with receiving treatment and consultation regarding back pain.
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A functional capacity evaluation ("FCE") was conducted on Ms. Purcell and she was accorded a 7% partial disability rating to her back. As such, Dr. Harley recommended physical therapy and ultimately calmed Ms. Purcell’s lifting limitations and allowed her to lift not more than twenty pounds. Nonetheless, he heartened her to seek sedentary-level work (North Carolina Court of Appeals, 2014). Due to the injury, Ms. Purcell did file a workers' compensation claim against the company she was working for, Quality Assured, and an amount of $50,000.00 was paid to her (North Carolina Court of Appeals, 2014).
How Friday Staffing will Place Ms. Purcell with One of its Clients
Following Dr. Harley’s recommendation to have Ms. Purcell seek for sedentary-level work, Friday Staffing will base on the requirements of sedentary work to place her with one of their clients. According to the Disability Benefits Center (2019), sedentary work entails lifting nothing more than ten pounds at a given time and irregularly lifting or carrying articles involving docket files, ledgers, together with small tools. To find out the type of work that Ms. Purcell would do despite her disability, the Social Security Administration (SSA) will have to come up with a residual functional capacity (RFC) assessment for her. The RFC will feature all the work-related restrictions that she may face because of her impairment.
As such, the RFC works to determine the most that one can do on a consistent basis repeatedly, which is eight hours per day for five days per week (Disability Benefits Center, 2019). Normally, disability ensuing in the restriction to sedentary work envisions that the person can do work mostly in a sitting position at a bench, desk, or table with the slightest of burdens for physical exertion and with some amount of walking and standing being allowed. Many sedentary jobs are classified as skilled, semi-skilled, professional, administrative, technical, clerical, and bench-work. The jobs are mainly found in the machine trades and bench-work occupational groupings. Normally, these jobs might be executed after a short demo or within thirty days. Therefore, Friday Staffing will have to place Ms. Purcell with clients in either machine trades or bench-work settings.
Friday Staffing’s Policy to deal with Sedentary Work Accommodations, Restrictions, and Work Assignments
Ms. Purcell ought to lift Ten Pounds Infrequently
Ms. Purcell may be required to lift up to ten pounds infrequently during the course of the day for up to two and a half hours. It will however, be rare for a person to do this uninterruptedly for the two and a half hours (Tucker, 2016). As a substitute, during the eight hour day, she ought to be able to lift ten pounds when required.
Ms. Purcell ought to sit most of the time at work
Tucker (2016) holds that if an individual is not able to sit for the best part of the day, then they are not eligible for desk or bench work. Nonetheless, Ms. Purcell would be able to do this because Dr. Harley recommended that she does sedentary work.
Ms. Purcell ought to make use of her Arms and Hands to Write, Move Small Files or Objects, and Type
Ms. Purcell will have to use a computer to carry out sedentary work. Nonetheless, if she cannot sit and type for lengthy periods and transport paper and files around her desk each day, then she would not qualify for sedentary work.
Ms. Purcell ought to Focus and Concentrate on the work at her desk
Sedentary work calls for one’s ability to think and concentrate on their work. If doing a task at a desk, one cannot do the work if they cannot pay attention (Tucker, 2016).
Ms. Purcell ought to lean over a Desk or Table to Conduct the Sedentary Work
Leaning over a desk or work bench is an element of most sedentary tasks. If Purcell would not be able to bow forward at the waist and stoop over a table, then she would not do the sedentary work.
Conclusion
The policies outlined by Friday Staffing to one of its clients that would hire Ms. Purcell is based on the requirements of sedentary work. The goal of these policies is to protect Friday Staffing from any liability should Ms. Purcell be re-injured during the course and scope of her employment with one of its clients. This is because Ms. Purcell has come out clear and indicated that she has a 7% partial disability rating to her back , and can only qualify for sedentary work. Therefore, she would be legible for compensation in case of harm by accident if the company verifies that at the time of employment, she made a true representation of the state of her health.
References
Disability Benefits Center. (2019). Sedentary Work. Retrieved from https://www.disabilitybenefitscenter.org/glossary/sedentary-work
North Carolina Court of Appeals. (2014). Kimberly Purcell v. Friday Staffing, NC Court of Appeals, Aug. 5, 2014. North Carolina Industrial Commission I.C. No. X57382. Retrieved from http://www.ic.nc.gov/ncic/pages/court/x57382.pdf
Tucker, J. (2016). What is Sedentary Work? Disability Denied Due to Sedentary Work. Retrieved from https://www.tuckerdisability.com/blog/disability-denied-they-say-you-can-do-sedentary-work-what-is-sedentary-work/
