May an employer refuse to return to work an employee with a disability-related occupational injury simply because of a workers' compensation of permanent or total disability?

May an employer refuse to return to work an employee with a disability-related occupational injury simply because of a workers' compensation determination that s/he has a ''permanent disability'' or is ''totally disabled''? No. Workers' compensation laws are different in purpose from the ADA and may utilize different standards for evaluating whether an individual has a ''disability'' or whether s/he is capable of working. For example, under a workers' compensation statute, a person who loses vision in both eyes or has loss of use of both arms or both legs may have a ''permanent total disability,'' although s/he may be able to work. A workers' compensation determination also may relate to a different time period. Such a determination is never dispositive regarding an individual's ability to return to work, although it may provide relevant evidence regarding an employee's ability to perform the essential functions of the position in question or to return to work without posing a direct threat.