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
Paul M. Doolittle, P.A.
May be less than 50 miles if pain inhibits travel
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
Claimants with deep vein thrombosis may NOT fly
“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)
Factors regarding Claimant’s relocation
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)