The Louisiana 1st Circuit ruled earlier this month that a woman who was terminated for fighting with a customer after returning from a work accident is not entitled to supplemental earnings benefits (SEB.) Jeannie M. Darby-Cooley was working for Buffalo Wild Wings when she suffered her work injury after tripping over a broom left on the floor by a co-worker. She was out of work for a week and then returned to light duty, making at least 90% of her pre-injury wages. Over four months later, Darby-Cooley got into an altercation with a customer and was terminated. She then filed a Disputed Claim for Compensation involving several unpaid bills, one week of temporary total disability benefits for the week she was taken off work, penalties and attorney fees, and most importantly, SEB from the date of her termination onward. The court found that Darby-Cooley failed to carry her burden of proof for entitlement to SEB, thus affirming the OWC decision.
Read the decision from the 1st Circuit here.