Earning Power Assessment - Labor Market Survey Report (Vocational)

[PAinjured]

Hi, what happens after the Insurance company doctor says you can work at a Light duty job and then you are interviewed by a vocational person from the insurance company who does a write up and refers jobs to you they feel you can do ? from what I understand you have to go and interview with each company ?, I don't know how they expect me to work a 8 hour day with the pain I get in my low back, I need to lay down frequently with a ice pack,I do have a lawyer and am waiting a call back but am curious as to others experiences, I am in PA., thanks and I find this forum very helpful

[Still in Limbo]

If they have done a Labor Market survey on You, I don't believe you have to Interview for these Positions, they are just trying to prove to the judge that you have Earning Power to either try and reduce your w/c payments, or to Start You on PTD, or the 500 Week Clock. Double check with Your Attorney though because I'm not that far yet, but that's what I have been told they are for! Good Luck, and let me Know what You find Out!! I'm from Pa. also, and would like to know if I'm Correct. Thanks!!

[Timothy Belt]

There is a difference between and FCE and actual job referrals. If you have actually been referred to available jobs and you don't go, the judge may make a finding of bad faith against you and suspend your benefits. With an FCE there are no actual job referrals, they are only showing that work is generally available within your labor market and you do not have to apply. That being said, I would suggest that you apply for all jobs on the LMS because if you are not offered the jobs, you now have the argument that although these jobs may be generally available within the labor market, they are not actually available to you.

I'm sure your attorney will cover this, but I normally send subpoena’s to all of the employers listed on the labor market survey to determine whether the job was available at the times indicated on the report and to compare the employer's job description with the job description provided by the vocational "expert." I am amazed with how often the vocation expert will say the job is sedentary and the employer indicates heavy lifting requirements.

Your lawyer will also likely send a subpoena to your time of injury employer to find out what jobs were available between the circulation of the Notice of Ability to Return to Work and the filing of the Petition to Modify/Suspend. If your employer had work available during that time period within your restrictions, they are supposed to offer you the available job.

Finally, the rules governing vocational experts changed on June 23, 2007. 34 Pa. Code § 123.204© now states the following:
“A vocational expert, who authors additional written reports, including earning power assessments or labor market surveys, shall simultaneously serve copies of these written reports upon the employee and counsel, if known, when the expert provides the written reports to the insurer or its counsel.”
And 34 Pa. Code § 123.203© now states:
“A workers’ compensation judge may not consider the results of an earning power assessment interview if the workers’ compensation judge finds that the vocational expert has not complied with § 123.204 (relating to conduct of vocational experts) or that the insurer has not complied with § 123.205 (relating to financial interest disclosure).”

So if the report was issued after June 23, 2007 or if a supplemental report was issued after this date and the vocational expert did not copy you on this report, the WCJ can not consider the vocation reports and the employer's petition is dead in the water

[Still in Limbo]

Thank You Very much Tim for clearing that up! I know understand better the LMS vs. Job Referral. As I stated above, that has not been done or Offered to Me yet, and i was Referring to a Labor Market Survey in my reply. Thanks Again, it's Great to have You on Here, Thanks for taking the Time!!

[robot]

Question regarding a labor marketing survey/earning power assessment. The Insurance company asked us to come to them with a figure for a lump sum settlement and we did. Their reply was they were going to review the case and not interested in that avenue right now. Instead they sent me an email, "We decided to move forward with a labor marketing survey/earning power assessment to determine your current earning power based on jobs in your area that are within your physical restrictions." SUPER FRUSTRATED...just read PA Law stating as long as they complete this survey/assessment and determine their are job openings within the physical restrictions they are able to stop/reduce benefits. Is this true? How do you fight this? Do I have to participate in this survey? What are my options? Any insight or direction towards right knowledge would be greatly appreciated...6 children and 2 adults rely on this pay....young man.

[1171]

you should start your own thread.
disability is not unemployment.
if there are jobs you can do but you choose not to then they can stop disability payments.
if there is a dispute over whether you can do a job, then present your evidence to the comp court.

[robot]

(09-02-2012 11:55 AM)1171 Wrote:  you should start your own thread.
disability is not unemployment.
if there are jobs you can do but you choose not to then they can stop disability payments.
if there is a dispute over whether you can do a job, then present your evidence to the comp court.

I apologize if I asked an incorrect question, I thought this was where you could ask questions about worker's comp benefits? If someone could direct me in the right direction thank you! Is this for workers comp?

[hurt back]

what 1171 was trying to say is go to the top of the injured worker forum page and hit the new thread button and start your own thread. this thread is from 2007..

But i do not know how to answer you question regarding the labor market survery.. You have to realize that workers comp will not " benefit" you in any way.. They pay your dr bills, pay you ttd, and some states vocational rehab, and you may get a settlement at the end. But they don't care what you did b/4 or how much you made, or how many people you have to take care of, its sad but true.. My employer fired me from my job 2 weeks after my injury and i was told by my orthropaedic that I'll never have a job doing what I was doing again, which is heartbreaking b/c thats all i've done for 13 years and was making good money $75k a year..

I do hope that all goes well for you and you get the answer you are looking for. But i would consult an atty that specializes in w/c in your state, and maybe he/she can give you the answer you are looking for or point you in the right direction.. Hope all does go well for you and your family during the difficult time.

[1171]

(09-02-2012 07:07 PM)robot Wrote:  I apologize if I asked an incorrect question, I thought this was where you could ask questions about worker's comp benefits? If someone could direct me in the right direction thank you! Is this for workers comp?

this is the thread where posters help answer PAinjured's questions posted 5 years ago.


if you are not answering the question, but want to post one of your own you need to start a new thread.
go here to start a new thread:
http://www.workerscompensation.com/forum....php?fid=4