A return-to-work dispute can begin with documents that use the same phrases differently. A medical note may restrict lifting or standing, a job description may list broad duties, a supervisor may describe temporary tasks, and a carrier form may state a return date and wage. The records must be aligned before a conclusion is drawn.

A restriction-to-offer comparison should match each stated physical or schedule limit to the written job duty, frequency, duration, environment, wage, start date, supervision, accommodation, and source without deciding from a job title alone whether the work is medically or legally appropriate.

Freeze the medical restrictions by version

  • Provider, visit date, note date, diagnosis or condition addressed, work-status category, effective date, expiration or follow-up date, and later revision
  • Lifting, carrying, pushing, pulling, standing, walking, sitting, climbing, bending, reaching, driving, equipment, shift, break, and environmental limits quoted precisely
  • Restriction stated as prohibited, limited, as tolerated, intermittent, occasional, frequent, temporary, permanent, or otherwise qualified
  • Functional-capacity evaluation, therapy note, imaging result, procedure, medication effect, or other source kept separate from the provider’s work-status instruction

Require a specific job record

A job title alone does not show the tasks actually proposed. Record the employer, worksite, department, supervisor, written offer, job description, start date, duration, wage, hours, schedule, travel, production expectation, required equipment, training, and whether the work is a regular position or a temporary modification.

  • Duty and task sequence, material handled, weight or force, repetitions, posture, distance, pace, duration, rest opportunities, and assistance
  • Indoor or outdoor setting, floor or terrain, stairs, ladder, vehicle, temperature, noise, vibration, exposure, personal protective equipment, and emergency duties
  • Person who created the description, person who observed the job, date last verified, photo or video source, and changes after medical review
  • Offer delivery date, response deadline, questions asked, clarification received, provider review, acceptance, rejection, first workday, and actual duties performed

Keep the statutory question separate from the comparison table

N.C. Gen. Stat. § 97-32 addresses refusal of suitable employment and Commission action. Whether offered work is suitable and whether a refusal is justified are legal and factual questions. The comparison table should expose the source facts and conflicts rather than label the offer.

Record the worker’s education, experience, pre-injury job, current capabilities documented by qualified sources, wages, restrictions, transportation or schedule facts, and every modification to the offer. Preserve disagreements about a task, frequency, safety measure, or restriction instead of substituting an informal assurance for the written source.

Track a trial return to work as a separate phase

N.C. Gen. Stat. § 97-32.1 addresses trial return to work and possible partial-disability compensation during the period. The current Form 28T states return date, wage information, compensation termination, and information about an unsuccessful trial return. The Commission’s forms page also lists Form 28U and related return-to-work forms.

  • First day, scheduled hours, actual hours, assigned duties, actual duties, wage, symptoms reported, person notified, response, and contemporaneous record
  • Each missed task, modified task, early departure, absence, new restriction, provider contact, employer response, and carrier notice
  • Whether the issue concerns inability to continue because of the compensable injury, another condition, transportation, schedule, discipline, layoff, resignation, or an unresolved cause
  • Form 28T, Form 28U, Form 28, Form 62, wage record, work note, and related notice indexed by date without assuming that every form applies

Escalate conflicts without rewriting the source record

  • Job description omits a task the supervisor requires in practice
  • Offer states one wage or schedule while payroll or time records show another
  • Provider reviewed a summary that differs from the job actually performed
  • Restriction date, offer date, return date, or compensation-stop date does not align
  • One source says unrestricted work while another qualified source states current limits

The related guide to tracking work restrictions and job offers in a North Carolina workers’ compensation claim explains the ongoing recordkeeping framework. This page focuses on resolving a specific mismatch between the current restrictions and the offered work.

Rosensteel Fleishman Car Accident & Injury Lawyers provides general information about North Carolina workers’ compensation matters involving return-to-work disputes. Medical capacity, suitable employment, benefit status, procedural options, and deadlines require review of the complete records and current law.

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