Marcell Ball — ADJ13972865

Marcell Ball was offered two modified work positions with nonprofit organizations through a return-to-work program in compliance with Rule 10116.9. Defendant argued that Ball's refusal of these offers justified denying him temporary total disability (TTD) benefits, and that applicant's attorney wrongfully interfered with the return-to-work process to allow Ball to claim TTD. The WCJ found that while the refusal was facially unreasonable, the issue became moot when the nonprofits withdrew their offers, and that the withdrawals were not the result of wrongful interference by applicant's attorney. The Board agreed, finding that the attorney's communications with the nonprofits reflected due diligence rather than improper conduct, and that defense counsel was included in relevant communications. The Board denied reconsideration, holding that Ball was entitled to claim TTD benefits despite his initial refusal of the subsequently withdrawn offers.