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By Paul Doolittle Paul M. Doolittle, P.A.. Perform exhaustive, diligent job search Perform exhaustive, diligent job search If truly disabled, use Department.

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Presentation on theme: "By Paul Doolittle Paul M. Doolittle, P.A.. Perform exhaustive, diligent job search Perform exhaustive, diligent job search If truly disabled, use Department."— Presentation transcript:

1 By Paul Doolittle Paul M. Doolittle, P.A.

2 Perform exhaustive, diligent job search Perform exhaustive, diligent job search If truly disabled, use Department of Labor vocational rehabilitation services to prove inability to find work If truly disabled, use Department of Labor vocational rehabilitation services to prove inability to find work Retain your own vocational expert Retain your own vocational expert Repeatedly ask former Employer for work within restrictions Repeatedly ask former Employer for work within restrictions

3 Computer or other skills required Background (criminal, traffic violations, bankruptcy) Education and/or experience Appearance Licenses (CDL, security guard, etc.)

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5 Geographical Area May be less than 50 miles if pain inhibits travel

6 Patterson v. Omiplex World Services, 36 BRBS 149 (2003) Patterson v. Omiplex World Services, 36 BRBS 149 (2003) Limited to unique facts of case Limited to unique facts of case If Claimant is required to move from permanent residence, the job is not suitable If Claimant is required to move from permanent residence, the job is not suitable Daniel Raymond v. Blackwater Security Consulting, LLS OALJ Case No.: 2009 – LDA – 00293 (04/15/2010), reversed by the BRB on 4/28/11, see Nos. 10-0454 & 10-0454A

7 P.T.S.D. Certain medications: Coumadin, pain, anti- depressant Respiratory illnesses Claimants with deep vein thrombosis may NOT fly

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11 Too bad for Employer; must still show suitable alternate employment Edwards v. Director, 999 F.2d 1374 (9 th Cir. 1993) Norfolk Shipbuilding & Drydock Corp v. Director, 193 F.3d 797 (4 th Cir. 1999)

12 §§8(c)(21) and 8(h) require Claimants post injury wage earning capacity be adjusted to account for inflation to represent the wages that the post injury job paid at the time of injury. Quan v. Marine Power & Equipment Company, 30 BRBS 124 (1996) Richardson v. General Dynamics Corp., 23 BRBS 327 (1990)

13 No retro-voc but Employer may show existence of jobs at earlier point in time, even if they no longer exist. Stevens v. Director, 909 F.2d 1256 (9 th Cir. 1990) Employer may show suitable alternate employment at time of MMI, even several years after that point. Newport News Shipbuilding & Dry Dock Co. v. Tann, 841 F.2d 540 (4 th Cir. 1988)

14 - Claimants residence at time claim filed - Claimants residence at time claim filed - Reason for relocation - Reason for relocation - Motivation for relocation - Motivation for relocation - Duration of stay in new community - Duration of stay in new community - Ties to new community - Availability of suitable jobs in that community as opposed to former residence - Availability of suitable jobs in that community as opposed to former residence

15 See v. Wash. Metro Area Transit Auth., 36 F.3d 375 (4 th Cir. 1994) Wood v. U.S. Department of Labor, 112 F.3d 592 (1 st Cir. 1997)

16 Wood Court held Claimants chosen community is presumptively the best place for measuring wage earning capacity; Employer bears the burden of showing original move, or a refusal to move again, is unjustified; and Economic judgments generally control.


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