An issue that is frequently encountered in workers’ compensation claims is whether a claimant can prove disability — i.e., whether the claimant can show that they are incapable of earning their pre-injury wages at the same or any other employment as a result of their work-related injury.
One tool that employers can use to rebut evidence of disability is a labor market survey prepared by a vocational rehabilitation expert. To enhance their evidentiary value, labor market surveys should be specifically tailored to the claimant’s individual …
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