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In. DC, when a claimant is fired when in receipt of Worker’s…

In Washington. DC, when a...
In Washington. DC, when a claimant is fired when in receipt of Worker’s Compensation (WC) income benefits, does the employer inherit the responsibility of maintaining the Claimant’s income until a comparable job is found? And is the responsibility for vocational rehabilitation inherited by the employer with income until a comparable job is found? And what counts as a comparable job -income or kind or work? The Claimant is a tenured university professor who was injured on the job and sustained more than 11 operations as a results and was in medical rehabilitation/physical therapy when he lost his WC income benefits. He was too sedated during the hearing to defend himself and the CRB did not take that into consideration when judging that he failed to prove a preponderance of evidence that he was unable to return to work.
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Answered in 17 minutes by:
4/28/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,954
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, the employer is not liable for maintaining the employee's salary until he gets new employment. Workers compensation is liable to pay the 66 2/3% of the employee's base wage for as long as the employee is disabled, permanently or temporarily. In addition, workers compensation is liable to pay for the medical expenses related to the injury.

So, the employee/claimant is entitled to continue to collect temporary total disability for the time they cannot work.

If the claimant is in such bad shape and sedated, he needs to not be representing himself on anything and needs a workers compensation attorney to appeal this decision and at least get a rehearing based on his mental state caused by the medication. Workers compensation attorneys charge a small percentage of benefits they win, they do not charge up front, so it is foolhardy not to use an attorney to fight for workers compensation benefits.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,954
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
The Claimant has rehearsed his case with 11 random employment attorneys and none have been willing to take it: reportedly due to its age (Injury occurred in 2002) and its not being financially cost effective to invest the resources. None have suggested that the case is not meritorious.
Also, he exhausted the Courts list of pro bono attorneys, and one offered to mediate but that proved fruitless. For reasons that cannot be presented in this format, the employer has gone all out to win this case, and doing so is costing far more financially than its not winning. Thanks for you answer. I have several more related questions for preparing my brief.
Customer reply replied 3 months ago
If a case is decided, on appeal, in favor of the employer by the Compensation Review Board, and with its Decision, the CRB issues a right to the Claimant to appeal the Decision, can new evidence be brought that shows the decision to have been unfairly/unjustly/incorrectly decided? What if the evidence was within the Claimant’s medical records that the Employer used with it its exhibits, but withheld the pivotal document that showed that the Employer had lied about the pivotal matter? Can the found document that proves the Claimant’s burden be entered as evidence, even though the CRB had decided the case -albeit with a right to appeal the decision. The employer is claiming that regardless of the found evidence after the CRB decision, the newly found document cannot be admitted as evidence. Is that correct?

Thank you for your reply.

You need to go to a workers compensation attorney to seek to vacate the judgment. It is not an employment law situation and you are not going to get a pro bono workers compensation attorney, they will all charge a percentage of the benefits they win for you. This is workers compensation appeal to vacate the workers compensation decision, nothing else, and if you try to make it into anything else, you will lose.

In appealing a workers compensation ruling or any administrative judgment, the court can only vacate the judgment if it was 1) obtained by fraud, 2) contrary to the law or 3) contrary to some contract. So, if you have proof of fraud and evidence proving the fraud by the other party to secure the judgment, then you need to focus on the fraud and you need to introduce the portion of the medical record that was concealed from the court to show the entire medical record was misrepresented.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
When a Claimant is accused of failing to return to work, is the burden of proof upon the Claimant to show the Court that he is medically unable to work? Is that claimed under {Logan v. DC Dept. of Employment Services, 805 A.2d
237 (D.C. 2002)} ? Is his having been fired and not reinstated sufficient proof?
Customer reply replied 3 months ago
Also, concerning clarity on appeals, what is reviewed when granted a petition for review in the Court of Appeals? Is the CRB decision reviewed in total?

Thank you for your reply.

On appeal, they review the whole record seen by the CRB, that means everything you and the employer/insurer submitted to the Board and all of your arguments and testimony.

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Customer reply replied 3 months ago
Thank You! Please also respond to: ***** ***** 2018 11:11When a Claimant is accused of failing to return to work, is the burden of proof upon the Claimant to show the Court that he is medically unable to work? Is that claimed under {Logan v. DC Dept. of Employment Services, 805 A.2d
237 (D.C. 2002)} ? Is his having been fired and not reinstated sufficient proof?
Thank You

Thank you for your reply.

No, just because you were fired that does not mean you are medically unable to work, that is your burden to prove with your medical records and doctor testimony that you cannot work because of your medical condition.

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Customer reply replied 3 months ago
This was problematic because not even the Claimant's attorney knew that his primary duties were to teach courses that required 40 to 50 minutes of a 50-minute class writing to a blackboard. He was hired to teach logic and analytic philosophy courses: all requiring extensive classroom writing heuristics, and the employer refused to provide the available ADA accommodations : its computerized classrooms. A judge set a high bar for proof because there was little appreciation for why a knee problem prevented performing sedentary duties. The job injury cause 17 knee operations that left the claimant standing challenged for more than 3 minutes without stability supports that precluded writing to a blackboard. This was never brought up in the hearing whose questions were raised by the ALJ, and his duties were never specified in any documents: only his job title. The only
forseeable entry way for this information is perhaps the CRB's entered concern that mentioned that no question was ever asked of the Claimant as to what constituted his duties. The Claimant was far too medicated to pickup on this during the ALJ hearing and not until his attorney subsequently retired. Big problem!!!Your knowledge is highly appreciated!!!! Shall recommend.

Thank you for your reply.

Understood, but that is what you are required to point out through the medical records and your job description which is already in the records to show that based on those medical records you at least need some reasonable accommodation, such as a smart board which allows you to write on the board from your tablet.

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