Borrelli, Frank

Applicant Frank Borrelli, a retail manager for Dollar General, sustained an accepted bilateral knee injury on 9/3/2022 while squatting with store product. He worked under medical restrictions that his employer never accommodated and was never formally offered modified work; after enduring harassment and unworkable conditions, he resigned in January 2023. The WCJ awarded temporary disability indemnity from 2/6/2023 forward, finding the defendant failed to meet its burden to show modified work was offered. Defendant petitioned for reconsideration, claiming the applicant's testimony was a 'surprise' and seeking to introduce new evidence via a supplemental pleading. The WCAB rejected the supplemental pleading, adopted the WCJ's report, and denied reconsideration, holding that a resignation resulting from the injury and the failure to offer modified work does not bar temporary disability.