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benefits cut off
#11
I would also suggest talking to a lawyer.

Section 23:1221(3)© of the Louisiana WC statutes says in part:

... if the employee is not engaged in any employment or self-employment, ... or is earning wages less than the employee is able to earn, the amount determined to be the wages the employee is able to earn in any month shall in no case be less than the sum the employee would have earned in any employment or self-employment, ...which he was physically able to perform, and (1) which he was offered or tendered by the employer or any other employer, or (2) which is proven available to the employee in the employee's or employer's community or reasonable geographic region.

Sounds like they are trying to say that work is available. The statute doesn't say the work had to actually be offered to you. You are going to need an attorney to clarify this for you and to try to fight the IC on this.
 
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