By: The Workers' Compensation Practice Group
The Full Commission reversed the decision of the Deputy Commissioner below, who had found that the claimant failed to adequately market his residual work capacity while on light duty. The Deputy Commissioner found that the claimant failed to put on evidence of the dates of contacts, the numbers of contacts, or any evidence that he looked for work at places with openings. In finding that the claimant did make reasonable efforts to market his work capacity, the Full Commission pointed to the unique and unusual circumstances of the claim.
The claimant was given permanent work restrictions of working his regular job with the employer on Monday, Wednesday, and Friday, and was tasked with finding a light duty job for Tuesdays and Thursdays. After the employer was unable to offer this part-time light duty work, the claimant made five additional contacts for part-time work not involving physical labor in a month’s time. The claimant provided only oral testimony at the hearing regarding these job search efforts, testified he did not register with the VEC, and testified that his only work experience since graduating high school six years prior was working for the employer as a sanitation worker.
Although the Commission based its reversal on the unique set of facts in this case, this represents a perhaps troubling leniency on the part of the Full Commission towards the claimant’s responsibility to market while on light duty.
