Was Applying to 24 jobs, Entering College, a ‘Reasonable’ Attempt to Get Work?

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An injured worker who is capable of working but can’t find a job despite reasonable efforts, may still be entitled to wage-loss compensation in North Carolina. But as one case shows, he’ll have to demonstrate that he made “reasonable efforts” to find a job.

The claimant in that case was working as a molding production supervisor for a commercial vehicle parts manufacturer. One day, he was lifting a wooden pallet when something popped in his back. A doctor subsequently diagnosed a lumbar strain but did not assign the claimant any formal work restrictions.

The company laid the claimant off in April 2020 because it was closing his plant. In mid-April, he texted HR, saying he’d be willing to go back to working hourly at another plant. The HR rep said he’d keep him posted in case something became available.

Between Sept. 14, 2021, and Oct. 18, 2021, the claimant applied for 24 jobs. Then he enrolled in community college, hoping ultimately to improve his ability to support his family. He was assigned work restrictions in March 2022 and graduated from college a month later.

The workers’ compensation commission declined to award the claimant wage-loss compensation for the period of April 2020 to April 2022. The claimant challenged that decision in court.

In North Carolina, a claimant can establish that he has a disability for purposes of workers’ compensation by showing that, while he is capable of some work, he has been unsuccessful in finding a job after making reasonable effort to get one.

Did the claimant have a disability from April 2020 and April 2022?

A. Yes. He applied for a lot of jobs and then went to college. The decision to go to college was for the purpose of getting a job and supporting his family.

B. No. He delayed looking for a job for several months and then voluntarily left the workforce.

If you selected B, you agreed with the court in Cable v. Consolidated Metco, Inc., No. COA24-413 (N.C. Ct. App. 06/18/25), which held that the claimant’s job search was not reasonable.

The court pointed out that there’s no clear rule for when a claimant’s efforts to find work are reasonable. Here, the claimant’s job search log showed he applied for 24 jobs during a period of several weeks starting in September 2021. The company, however, laid him off in April 2020, and he did not have work restrictions. It was not reasonable for him to wait until several months to start applying for jobs.

In addition, the claimant’s text communications with his former employer, while an effort to obtain reemployment, was not sufficient to constitute a reasonable job search.

Finally, the claimant’s enrollment in college in the fall of 2020 demonstrated that he voluntarily removed himself from the labor market.

The court concluded that the commission didn’t err when it found that the claimant’s job search was unreasonable. It was therefore correct in denying wage-loss compensation for that period.

The court affirmed the commission’s decision.

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