Armando Castellon — ADJ12265568

Applicant Armando Castellon, a carpenter, injured his right knee on January 2, 2019 and was released to modified duty with extensive work restrictions. The employer never made a documented, work-restriction-based offer of modified work; instead it allegedly offered for applicant to study for a pest control applicator examination, with a dispute over whether he could study at home or only in the office. The employer terminated applicant on May 31, 2019 for 'refusal to accept available work' after he failed to attend a May 28, 2019 meeting he denied being notified of. The WCJ found no effective offer of modified or alternate work and no termination for cause, and awarded TTD from January 11, 2019 forward subject to the section 4656(c)(2) cap. On reconsideration, the WCAB affirmed, holding the employer failed to meet its burden under Huston to prove modified work was both available and effectively offered.