Posts Tagged ‘education’
June 10th, 2009 | 
Author: New Hurdles for Work Comp Claimants and Employers
Ever since the Michigan Supreme Court decided the landmark case of Stokes v Chrysler, the work comp world has been set upside down by new procedures and uncertainty. This has added to the legal expense of defending work comp cases.
In Stokes, the Court determined that a claimant must not only prove a work related “injury,” but must also establish that the injury has resulted in a diminution of wage earning capacity given the claimant’s training, education and experience. Once the claimant has made his/her case in court, the defendant/employer must refute the allegations.
For the plaintiff to prove his/her case there must now be the additional showing that given his/her injury and taking into account his/her education, training and experience, that no suitable jobs exist. Thus, plaintiffs now present proofs at trial including “job application logs” detailing how many jobs the claimant has sought and the response to each job inquiry. Given Michigan’s tough economy, finding a suitable job is difficult for even the most able bodied and qualified individuals, let alone an applicant with physical limitations.
Plaintiffs also frequently retain vocational experts who perform a “Stokes Evaluation.” These opinions invariably conclude that no suitable jobs exist for a claimant given his/her physical condition, training, education and experience.
Defendants/employers have similarly had to incur the expense of a vocational expert who analyzes a claimant’s physical limitations, education, training and experience. The vocational experts (both for plaintiff and defendant) perform a “transferrable skills” analysis based on this information. The transferrable skills are then applied to the universe of available jobs.
Alexander & Angelas, P.C. devotes a significant part of its law practice to the handling of worker’s compensation cases. Peter A. Angelas, Esq. has lectured on the topic of workers compensation and represents many large, national corporations and insurers. He has also handled some very significant cases on behalf of injured claimants including one case which settled for $1.4 million in 2007. Mr. Angelas has practiced throughout the state of Michigan and enjoys the respect and credibility of his clients, opposing attorneys, and magistrates. He can be contacted by calling (248)290-5600 or toll free (800) 219-0007
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