When dealing with a PTD claim, the standard is well known.  After the 2003 legislative changes, the First DCA declared that we are now back to the pre-1994 standard.  A Claimant can prove PTD one of three ways:

  1. Claimant is medically PTD; in that she cannot physically engage in sedentary activity within a 50 mile radius of her residence.
  2. Coupled with her permanent physical restrictions, Claimant conducts an exhaustive but unsuccessful job search.
  3. Permanent work restrictions plus vocational factors (education, employment history) prevent Claimant from engaging in sedentary activity within a 50 mile radius of her residence.

But, a question remained within vocational expert circles.  How do you define sedentary duty?  What if a Claimant can only work partial sedentary duty? Per the Dictionary of Occupational Titles (DOT) standards there is a whole range of activity within the sedenatary classification.  What if a Claimant, per their doctor, can only perform a certain range of that classification?

Luckily, the Court answered that question. . . (more…)

One key in defending workers’ comp claims is to properly assess your medical evidence.  Without it, you have little chance for success. 

So, it is paramount for claims professionals to understand what an “expert” can testify to and what will be accepted by at Judge.   Because. if they are not a medical expert, the testimony is practically worthless. (more…)