Transcript Slide 1

By
Paul Doolittle
Paul M. Doolittle, P.A.
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Perform exhaustive, diligent job search

If truly disabled, use Department of Labor
vocational rehabilitation services to prove
inability to find work
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Retain your own vocational expert

Repeatedly ask former Employer for work
within restrictions
Computer or other skills required
Background (criminal, traffic
violations, bankruptcy)
Education and/or experience
Appearance
Licenses (CDL, security guard, etc.)
Geographical
Area
May be less than
50 miles if pain
inhibits travel
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
Patterson v. Omiplex World Services, 36
BRBS 149 (2003)
Limited to “unique facts” of case
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
P.T.S.D.
Certain
medications:
Coumadin,
pain, antidepressant
Respiratory
illnesses
Claimants with deep vein thrombosis may NOT fly
Too bad for Employer; must still
show suitable alternate employment
Edwards v. Director, 999 F.2d 1374 (9th Cir.
1993)
Norfolk Shipbuilding & Drydock Corp v.
Director, 193 F.3d 797 (4th Cir. 1999)
§§8(c)(21) and 8(h) require Claimant’s 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)
No “retro-voc” but
Employer may show
existence of jobs at
earlier point in time,
even if they no longer
exist.
Employer may show
suitable alternate
employment at time
of MMI, even several
years after that point.
Stevens v.
Director, 909 F.2d
1256 (9th Cir. 1990)
Newport News
Shipbuilding &
Dry Dock Co. v.
Tann, 841 F.2d 540
(4th Cir. 1988)
- Claimant’s residence at time claim filed
- Reason for relocation
- Motivation for relocation
- Duration of stay in new community
- Ties to new community
- Availability of suitable jobs in that
community as opposed to former residence
See v. Wash. Metro Area Transit Auth., 36 F.3d
375 (4th Cir. 1994)
Wood v. U.S. Department of Labor, 112 F.3d 592
(1st Cir. 1997)
Wood Court held Claimant’s
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.