If a worker returns to a job, tries and is unable to do it, his or her benefits should be resumed. Of course, in some cases, there may be disputes over whether the worker really tried and whether the job was too hard to do.

If the worker returns to work for a period of time and then leaves, the question of whether benefits resume depends upon whether or not the new work "established a wage-earning capacity." That, in turn, depends upon several factors including (l) how long he or she continued to work after returning, (2) the nature of the work performed, and (3) the reasons for leaving work.

Generally if he or she returned for less than 100 weeks, it is most likely that the work will not establish a wage-earning capacity. If the worker returned for between 100 and 250 weeks, the work may or may not have established a wage-earning capacity. If the return was for more than 250 weeks, the work probably will have established the wage-earning capacity.

The nature of the work is also a factor. If the work was a "favored job" especially created for this worker, it probably will not establish a wage-earning capacity. On the other hand, if it was a job regularly performed by other workers, it probably will establish a wage-earning capacity.

Finally, if the worker leaves the job for reasons beyond his or her control, the payment of benefits is more likely to be resumed. If, however, the worker voluntarily leaves the job, benefits will probably not resume.