An Injured CAN Win a Marketing Case in Virginia with Regular Job Search Records

After a number of decisions where the disabled worker lost continuing wage loss benefits because their efforts to look for light duty work did not pass muster, the Full Commission of the Virginia Workers Compensation ruled in favor of a claimant on this difficult issue ! In Waldman vs. Wal-Mart, the testimony was that approximately 70% of the job search (or “marketing”) contact were online, and of those places, she filled out applications, 75% were done online. The injured claimant estimated that only 2-3% of her entries involved traveling to the place of employment and asking about jobs within her restrictions. During a 25 week period there was documentation of 110 prospective employers working out to 4.4 job contacts per week. While the majority war eon line, the remainder were from newspapers and in person. The Virginia Workers Comp trial judge found that the disabled worker adequately marketed her remaining capacity to work. She did document the source of her job leads, reviewed the local newspapers, used Craigslist, and a friend. Her documentation included where she sent resumes and applications pr telephoned. The injured claimant obtained several interviews. The Full Commission noted, “the economy is difficult for job seekers,..we find that the claimant’s marketing efforts were adequate in number, quality and breadth of work sought, and that her documentation establishes her intent to find suitable work.”

The “bottom line” according to Ashburn, Ashburton and Broadlands area workers comp lawyer Doug Landau is “to keep detailed records of calls, interviews, online forms, in-persons meetings, resumes sent, newspaper “Want Ads” reviewed, correspondence received. In short, be ready to show evidence of weekly marketing evidence, with actual documents, at a Hearing or face the prospect of having your weekly wage loss compensation cut off by a Virginia Workers Comp judge.”

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