Hamberger & Weiss defeats claim for benefits by showing that merely remaining on the employer’s payroll is insufficient to prove attachment to the labor market.

The injured worker in a recent case remained on her employer’s payroll and in fact was cleared to return to work by her own doctor. The employer’s physician, however, would not clear her to return to work. Although the injured worker made some attempt to look for work elsewhere, she relied on her continued employment relationship to argue that she maintained attachment to the labor market and therefore was eligible for benefits.

John Land of our firm argued that the claimant was not entitled to benefits as she had no realistic expectation of returning to her job and her efforts otherwise to look for work were insufficient. The Workers’ Compensation Law Judge agreed and found no entitlement to ongoing benefits.

John, like all the attorneys at Hamberger and Weiss, keep abreast of the legal requirements for attachment to the labor market. Although continued employment may constitute attachment in a proper case, John zeroed in on the fact that it was highly unlikely that the claimant would ever return to a suitable position with the employer and thus an obligation to look elsewhere began.

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