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Perspectives from the Claimant’s Bar

Perspectives from the Claimant’s Bar. By Paul Doolittle Paul M. Doolittle, P.A. Disproving Suitable Alternate Employment. Perform exhaustive, diligent job search If truly disabled, use Department of Labor vocational rehabilitation services to prove inability to find work

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Perspectives from the Claimant’s Bar

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  1. Perspectives from the Claimant’s Bar By Paul Doolittle Paul M. Doolittle, P.A.

  2. Disproving Suitable Alternate Employment • Perform exhaustive, diligent job search • If truly disabled, use Department of Labor vocational rehabilitation services to prove inability to find work • Retain your own vocational expert • Repeatedly ask former Employer for work within restrictions

  3. Disproving Labor Market Surveys

  4. Florida has the 4th highest rate of unemployment in the United States!

  5. Geographical Area May be less than 50 miles if pain inhibits travel

  6. Overseas Jobs • Patterson v. Omiplex World Services, 36 BRBS 149 (2003) • Limited to “unique facts” of case • If Claimant is required to move from permanent residence, the job is not suitable Daniel Raymond v. Blackwater Security Consulting, LLS OALJ Case No.: 2009 – LDA – 00293 (04/15/2010), reversed by the BRB on 4/28/11, see Nos. 10-0454 & 10-0454A

  7. Restrictions frequently prevent overseas travel and/or work Claimants with deep vein thrombosis may NOT fly

  8. Asadabad, Afghanistan - 2008

  9. “But for reduction in force, Claimant would have had work.” Too bad for Employer; must still show suitable alternate employment Edwards v. Director, 999 F.2d 1374 (9th Cir. 1993) Norfolk Shipbuilding & Drydock Corp v. Director, 193 F.3d 797 (4th Cir. 1999)

  10. Factors regarding Claimant’s relocation

  11. Degree of undue prejudice to Employer in proving suitable alternate employment in Claimant’s new community See v. Wash. Metro Area Transit Auth., 36 F.3d 375 (4th Cir. 1994) Wood v. U.S. Department of Labor, 112 F.3d 592 (1st Cir. 1997)

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