You Cannot Prove a Total Permanent Disability if Your Vocational Expert Does Not Support You|Racine Olson

By Fred J. Lewis

In Beascoechea v. Liberty Northwest Insurance Corporation decided November 17, 2016 the Claimant was found to be 45% disabled inclusive of his 6% permanent partial impairment rating. At the time of the hearing the Claimant was 68 years old and had told everyone he was retired. The Claimant had Dr. Mary Barros-Bailey PhD. testify on his behalf. Dr. Barros-Bailey opined that the Claimant was 60% permanent partially disabled if the Claimant did not return to work for the pre-injury employer and astonishing enough, testified that if the Claimant did return to work that there would be no loss of labor market access, and wage loss, therefore no disability. Dr. Barros-Bailey was the only expert that testified in the case. It is astonishing that the Claimant was awarded any disability at all in this case given the following:

The employer had offered a job to the Claimant and was willing to accommodate his restrictions.
The Claimant did not complete any type of a job search.
The Claimant has stated that he was retired.
The Claimant’s own vocational expert did not testify that it would be futile for him to look for a job.

In writing his opinion, Referee Donohue said that this was not even a close case.

The take away from this case is that you need to make sure when hiring the vocational expert for your Idaho Workers’ Compensation case that they will support your Idaho Worker’s Compensation by testifying that you are totally and permanently disabled and it would be futile for you to look for a job. You also have to show the Referee that you are serious about your claim and actually go out and look for a job and prove to them that you cannot find one.

This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.