Workers’ Compensation Teaching: The Odd Lot Doctrine & Work Search — Workers’ Compensation Law Prof Blog

A common problem in workers’ compensation is the partially incapacitated worker who is unable to return to the “injury employment” as a result of an unambiguously work-related injury. For some period of time, the worker may be deemed by all…

via Workers’ Compensation Teaching: The Odd Lot Doctrine & Work Search — Workers’ Compensation Law Prof Blog

One thought on “Workers’ Compensation Teaching: The Odd Lot Doctrine & Work Search — Workers’ Compensation Law Prof Blog

  1. From a practical standpoint the odd lot is won or lost in the preparation of the case. A strong interview and search for records followed by an in-depth vocational evaluation is the key to overwhelming the adversary into submission.

    I top that off with a resume where I include the Claimant’s work restrictions in the document so every employer has a fair opportunity to evaluate whether they can fairly employ this person.

    My tact is to take a run at PPD first then have the Claimant file the PTD application immediately thereafter.

    The criminal part of our PTD process in Wyoming is that the form that the Division sends out to physicians only asks them to determine if the claimant is indeed totally disabled and doesn’t ask if the claimant is PTD on the basis of being the odd lot.

    I can’t imagine how many eligible PTD Claimants have been denied because the physician was not asked both questions.

    Let me know if you have a copy of the form so you can see for yourself.

    Jack Edwards Edwards Law Office, P.C.

    Confidential, attorney-client privileged, not an e-signature, not to be used to evade taxes nor do illegal stuff.

    >

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