Hi, I just started as kitchen manager at a restaurant and I have cook who injured his elbow from a fight he had in his neighbor then he hired a lawyer to sue the restaurant for worker's comp declaring the injury was from work. I have co-workers testimony who witnessed the fight incident but my worker's comp agent said it would be a very difficult case to argue and my boss wanted to let him have his way.

But the main problem is that the cook brought a letter from the doctor explaining the limits of working eligibility like limited use of elbow, no overhead work with the injured arm, no lifting, no this and no that which basically means he can’t perform his duties as a cook. Then he brings another letter from the lawyer office which states we can’t fire him due to his disability, I understood the situation clearly and had no intention of laying him off until he began refusing to work in different positions as a dishwasher or lighter positions because of different pay rates and hours and doing a terrible job at it while giving me nasty attitudes. Somehow I have a feeling I’ll be the one getting laid off if I can’t resolve this matter. What can I do?