This article is intended to provide a general understanding of general information and legislation and does not provide specific legal advice. This should not be used as a substitute for competent legal counsel from authorized professional lawyers in your state.
In addition to IME (Independent Medical Examination) and FCE (Functional Capability Evaluation), Labor Market Research is a common device used by insurers to suspend or reduce benefits.
The labor market survey will be conducted by vocational rehabilitation experts investigating your local employment market and employed by insurance companies. It is designed to be a list of jobs that are qualified and physically executable based on physical limits.
In many cases, the questionnaire is not useful for finding the right job, but creates an excuse to reduce biweekly benefits. If you are absent from doctor's work or have restrictions not to return to the original overseas location, we will receive 2/3 of salary every week. It is known as Total Temporary Disability (TTD). It is reflected in the "perfect" ability that you can not earn money.
Once you are able to get a job to pay you more than your previous position you work again and rely on a temporary partial obstacle (TPD). If you can do the work your conscious ability is not "completely" gone. It is just "partially" affected. If a labor market survey indicates that you are able to do employment, the insurer may choose to reduce benefits by survey showing that you should have reference capability. Essentially, you will pretend you've already done that work (even if you do not). As a result, you may not be able to do work and some or all of the workers may not be hired. Reward income.
The transition from TTD to TPD is more than a mere letter change and loss of profit. There is no time limit on the merit of TTD. In other words, if you are totally disabled, it will benefit your memories of your life. However, TPD's benefit has a five-year limit. The insurance company not only reduces your profits but also starts to operate the watch.
Labor market survey is a legitimate tool used by insurance companies when used properly and equitably. After all, you can work really, but if you choose not to do so, you are given the right to receive the same compensation as a "disabled person" rather than a "completely" disabled person not. In theory, it is also a free job search tool for you, your personal Monster.com search, if properly used.
Unfortunately, it is often just an excuse to reduce or pause your benefits while you are truly invalid, or to rent you to an illegal settlement. In many cases, these questionnaires lack many elements required by law.
If you prove that a claimant can not return to work at a bruised job, the employer / insurance company will bear the existence of "appropriate" alternative work to mitigate its benefits.
In order to show that "appropriate alternative employment" exists,
1) existence of practically available employment opportunities,
2) Within the geographical area where employees reside,
3) He can do with consideration of age, education, work experience, physical limitation,
4), and he was able to make it safe if diligently striving.
You can choose each of those elements.
1) Presence of practically available employment opportunities
• Employees / insurance companies need to prove the availability of work that is actually available, not theoretical
• Employees / insurance companies need to establish predecessor properties, conditions, and availability
• Employee / insurance company needs to set work wage level
• It is not enough if positions are available for only a short period of time and it is expected that there will be no new vacant seats
• Short classification ads are not enough
• One occupation is not enough and more opportunities are needed
• The employer / insurance company must demonstrate a set of reasonably available employment
2) within the area where the employee resides
• The employer must indicate the employment available within your "community" that is interpreted as both the area you were injured (Baghdad in Iraq) and the area you are in
• There is no specific mileage test, but work that is more than 50 miles away from your home is generally unacceptable
3) He can do with consideration of age, education, work experience, physical limitations
• Physical constraints need to be considered
• Based on the opinion of the doctor, if the claimant can not hire, the employer / insurance company can not establish a viable alternative employment
• The work needs to match your educational and work experience. In other words, you need to meet the basic qualifications of positions
4), and he was able to make it safe if diligently striving.
• Employees / insurance companies are not convinced of the burden if the petitioner tries to do work if he can not do it.
• NOTE: Claimant is obliged to make diligent efforts to secure work in the opportunity to show that employers are reasonably achievable and available.
In fact, I have seen some of the labor market research that was missing in the above elements, but it has been used as an excuse for absolutely stopping profit. Do not let insurance companies forget such disgust. If you are facing a labor market survey where your insurance company does not meet the above requirements, immediately contact a lawyer who can assess the validity / invalidity of the insurance company's behavior.
If you are educated with respect to your rights under Defense Base Law, it is much harder for anyone to pull the wool over your eyes.
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