6. The burden is on Defendants to show that Plaintiff refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). Once an employer makes this showing, the burden shifts to the employee to show that the refusal is justified. Moore v. Concrete Supply Co., 149 N.C. App. 381, 389-390, 561 S.E.2d 315, 320 (2002).
5. The burden is on Defendants to show that Plaintiff refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). Once an employer makes this showing, the burden shifts to the employee to show that the refusal is justified. Moore v. Concrete Supply Co., 149 N.C. App. 381, 389-390, 561 S.E.2d 315, 320 (2002).
"Suitable employment" is defined as "employment available to the employee that (i) prior to reaching maximum medical improvement is within the employee's work restrictions, including rehabilitative or other noncompetitive employment with the employer of injury approved by the employee's authorized health care provider . . . ." N.C. Gen. Stat. ยง 97-2(22) (2019). ยถ 15 " 'The burden is on the employer to show that plaintiff refused suitable employment.' " Lowery v. Duke Univ., 167 N.C. App. 714, 718, 609 S.E.2d 780, 783 (2005) (quoting Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002)). "Once the employer shows, to the satisfaction of the Commission, that the employee was offered suitable work, the burden shifts to the employee to show that his refusal was justified."
The burden is on the employer to show that plaintiff refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). "[W]hen an employer attempts to show an employee is no longer entitled to compensation for disability based upon the proffer of a job specially created for the employee, the employer must come forward with evidence that others would hire the employee 'to do a similar job at a comparable wage.'"
Once the employer makes this showing, the burden shifts to the employee to show that the refusal was justified.โ Munns v. Precision Franchising, Inc., 196 N.C.App. 315, 317, 674 S.E.2d 430, 433 (2009) (citing Gordon v. City of Durham, 153 N.C.App. 782, 787, 571 S.E.2d 48, 51 (2002), and Moore v. Concrete Supply Co., 149 N.C.App. 381, 389โ90, 561 S.E.2d 315, 320 (2002)). As a result, the ultimate issue that must be resolved in order to properly apply N.C. Gen.Stat. ยง 97โ32 is a determination of the extent, if any, to which a particular position constitutes โsuitable employment.โ
Once the employer makes this showing, the burden shifts to the employee to show that the refusal was justified." Munns v. Precision Franchising, Inc., 196 N.C. App. 315, 317, 674 S.E.2d 430, 433 (2009) (citing Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002), and Moore v. Concrete Supply Co., 149 N.C. App. 381, 389-90, 561 S.E.2d 315, 320 (2002)). As a result, the ultimate issue that must be resolved in order to properly apply N.C. Gen. Stat. ยง 97-32 is a determination of the extent, if any, to which a particular position constitutes "suitable employment."
The burden is on the employer to show that plaintiff refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). "[W]hen an employer attempts to show an employee is no longer entitled to compensation for disability based upon the proffer of a job specially created for the employee, the employer must come forward with evidence that others would hire the employee `to do a similar job at a comparable wage.'"
The employer bears the burden of showing that an employee refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). Once the employer makes this showing, the burden shifts to the employee to show that the refusal was justified.
The burden is on the employer to show that an employee refused suitable employment. Gordon v. City of Durham, 153 N.C. App. 782, 787, 571 S.E.2d 48, 51 (2002). "Once the employer shows to the satisfaction of the Commission that the employee was offered suitable work, the burden shifts to the employee to show that his refusal was justified."
The burden is on the employer to show that an employee refused suitable employment. Gordon v. City of Durham, 153 N.C.App. 782, 787, 571 S.E.2d 48, 51 (2002). Once the employer makes this showing, the burden shifts to the employee to show that the refusal was justified.