In a final compensation order signed on June 22, 2012, Judge Donna Remsynder ruled that the claimant, Judith Woodside, was not permanently and totally disabled despite her claims that she looked for work during a 5 month period.
The claimant suffered two accidents in 2009 while working as a CNA. Following termination by her employer in 2010, she claimed to be permanently and totally disabled even though she admitted she could work four hours a day as long as she could move around.
The Employer/Carrier hired ReEmployAbility to provide job placement services. Rebecca Balter, CRC for ReEmployAbility set up an e-mail account for the claimant at www.REAJobSource.com and e-mailed job leads for Ms. Woodside to apply on-line. The final order stated, “The Claimant completed only three applications based on the job leads provided by ReEmployAbility and admitted in her deposition that she did not apply for any of those positions right away.”
In denying PTD benefits, Judge Remsynder indicated that based on the injured worker’s testimony, Ms Woodside applied or contacted 15 to 20 potential employers during five months between November 2011 and April 2012 and ruled, “In the case at Bar, the Claimant has made only a cursory effort to return to the workforce.” Rebecca Balter testified that in addition to the Labor Market Survey and job leads provided to Ms. Woodside, she researched jobs on the morning of the trial and found at least three more part-time, sedentary positions available that fit the claimant’s restrictions.
This information is made available for educational purposes only and is not intended to constitute legal advice.