Betances, Miguel v. Brock Services, LLC
Miguel Betances, an employee, filed a Request for Expedited Hearing seeking temporary disability benefits from October 5, 2016, and ongoing, after injuring his back at work on July 18, 2016. Brock Services, LLC, the employer, contended he was not entitled to benefits, claiming he was terminated for violating workplace attendance policies. The Court found Mr. Betances' testimony credible, concluding that Brock did not properly enforce its attendance policy by actually terminating him on August 14, 2016, and failed to accommodate his light duty restrictions or provide a justifiable reason for not doing so. The Court ordered Brock to pay accrued temporary partial disability benefits from October 5, 2016, through January 26, 2017, and accrued temporary total disability benefits from January 27, 2017, and ongoing, until an approved medical provider releases him to return to work or places him at maximum medical improvement.