JOHN RESPASS vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied reconsideration of an administrative law judge's decision that the employer offered the applicant modified work. The majority found the employer's supervisor's testimony credible over the applicant's regarding accommodations for his work restrictions, noting that modified duty issues do not always require expert testimony. A dissenting commissioner argued that insufficient medical and vocational evidence existed to determine if the offered work was compatible with the applicant's restrictions. The dissent advocated for further development of the record to ensure substantial justice.