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Pennsylvania Workers’ Compensation Vocational Interviews
One way for Employers/Insurers to try to attack your wage loss benefits under the Pennsylvania Workers’ Compensation Act is to perform a Vocational Assessment, also called a Labor Market Survey. In this regard, the Employer in your case may request a vocational interview in an effort to establish an earning power. To get to this stage, it means the time of injury Employer is alleging that they do not have a job available for you to fit your work-related injury restrictions. So the vocational interview is the first step in trying to do a Vocational Assessment or Labor Market Survey. Before the interview, the Insurer should have sent a Notice of Ability to Return to Work to the injured worker, explaining which doctor released to them work, and with what restrictions.
The dawn of Labor Market Surveys came in 1996. Prior to that, Kachinski was the standard whereby an actual job referral was sent to the injured worker, and the worker would have to give it a “good faith” try. Now, Employers/Insurers have an easier time to try to cut an injured workers’ wage loss benefits by employing the Labor Market Survey- which does NOT require a specific offer of employment to the injured worker- if the Workers’ Compensation Judge believes the injured worker is capable of performing the jobs, vocationally and physically, then the wage loss benefits can be cut accordingly.
If you do not have an Certified Pennsylvania Work Comp Lawyer, and you’ve been requested to submit to an interview, you should retain one immediately. The process they are starting is an attempt to take food off your table by claiming you can do alternative types of job within your vocational background, physical capabilities, and educational background. You need to defend yourself and lawyer up quickly to be able to defend any allegations, which are often exaggerated by the Insurer’s vocational experts.
After the interview, which the attorney will attend with you, the expert tries to find jobs that fit your physical and vocational abilities. They list the jobs in a report and ultimately file a Petition to Modify (reduce) or Suspend (eliminate) your wage loss benefits, depending on what the jobs pay. There are several ways to defend this process, so call us today to let us help you. It could result in tens of thousands of dollars (or more) regarding a lump sum settlement which is often negotiated during the litigation.
Cardamone Law is a unique law firm- all we do is help injured workers- so call us so that we can maximize the value of your case.