It’s Possible to Avoid Total Industrial Findings When Claimants Have a High Impairment Rating

Recent Board Panel decisions are providing guidance for employers to successfully avoid a total industrial finding when addressing Loss of Wage Earning Capacity. Indeed, there does not appear to be any basis under the law for an administrative law judge to find a total industrial disability. In Town of Fenton, Case Nos. G0501597, 90502069, G0087246, 2015 WL 7067972, at *6 (N.Y. Work. Comp. Bd. Nov. 5, 2015), the Board Panel
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Should Adjusters Consider Using Vocational Reports to Achieve Better Loss of Wage Earning Capacity Findings?

A hot topic at many workers’ compensation hearing locations is permanency: When will it become ripe? What evidence needs to be produced by the parties? How can we ensure the law judge will make a reasonable decision regarding loss of wage earning capacity? This is when the use of vocational reports comes into play. In simple terms, loss of wage earning capacity (LOWEC) is the reduction in an injured workers’ earning
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