News Notes: Year-Round Alternative Work Not Required For Injured Seasonal Employees

Seasonal workers who are hurt on the job are not entitled to 12 months of continuous modified or alternative work as a replacement for vocational rehabilitation benefits, a California Court of Appeal has ruled. The case involved Jennifer Henry, a ski instructor at Mammoth Mountain Ski Area. After she injured her back, Henry requested vocational rehab benefits. Mammoth instead offered her a seasonal job as a cashier, based on a provision in the law that says you don’t have to pay vocational rehab benefits if you offer one year of modified or alternative work. But Henry charged she was still entitled to benefits because the cashier job was not a regular position lasting at least 12 months. The Court of Appeal sided with Mammoth and said that when an injured employee’s job is seasonal, modified or alternative work can be seasonal as well. Note that you still need to provide a total of 12 months of alternative work, but the requirement can be met through cumulative periods of seasonal employment.