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Perspectives from the Claimant’s Bar. By Paul Doolittle Paul M. Doolittle, P.A. Disproving Suitable Alternate Employment. Perform exhaustive, diligent job search If truly disabled, use Department of Labor vocational rehabilitation services to prove inability to find work

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Perspectives from the claimant s bar

Perspectives from the Claimant’s Bar

By

Paul Doolittle

Paul M. Doolittle, P.A.


Disproving suitable alternate employment
Disproving Suitable Alternate Employment

  • Perform exhaustive, diligent job search

  • If truly disabled, use Department of Labor vocational rehabilitation services to prove inability to find work

  • Retain your own vocational expert

  • Repeatedly ask former Employer for work within restrictions



Florida has the 4 th highest rate of unemployment in the united states
Florida has the 4th highest rate of unemployment in the United States!


Geographical area

Geographical Area

May be less than 50 miles if pain inhibits travel


Overseas jobs
Overseas Jobs

  • Patterson v. Omiplex World Services, 36 BRBS 149 (2003)

  • Limited to “unique facts” of case

  • If Claimant is required to move from permanent residence, the job is not suitable

    Daniel Raymond v. Blackwater Security Consulting, LLS

    OALJ Case No.: 2009 – LDA – 00293 (04/15/2010), reversed by the BRB on 4/28/11, see Nos. 10-0454 & 10-0454A


Restrictions frequently prevent overseas travel and or work
Restrictions frequently prevent overseas travel and/or work

Claimants with deep vein thrombosis may NOT fly


Asadabad afghanistan 2008
Asadabad, Afghanistan - 2008


But for reduction in force claimant would have had work

“But for reduction in force, Claimant would have had work.”

Too bad for Employer; must still show suitable alternate employment

Edwards v. Director, 999 F.2d 1374 (9th Cir. 1993)

Norfolk Shipbuilding & Drydock Corp v. Director, 193 F.3d 797 (4th Cir. 1999)



Degree of undue prejudice to Employer in proving suitable alternate employment in Claimant’s new community

See v. Wash. Metro Area Transit Auth., 36 F.3d 375 (4th Cir. 1994)

Wood v. U.S. Department of Labor, 112 F.3d 592 (1st Cir. 1997)


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