Job Availability Labor Market Survey
Pennsylvania Worker’s Compensation
Job Availability and Labor Market Surveys:
If you have been receiving Pennsylvania workers compensation benefits for some time, you most likely will have to deal with defending yourself against a modification petition filed by the employer as a result of a labor market survey. Under the Pennsylvania Workers’ Compensation Act, a claimant who is receiving benefits may have an “obligation to look for available employment” after receiving a Notice of Ability to Return to Work form even if that work is not with their regular (Preinjury) employer. Sometimes your employer will offer you light duty work within your restrictions, other times the employer will hire a doctor to determine whether your disability has “decreased” and a vocational expert to determine whether there is “substantial gainful employment” that is available within the “usual employment area.” If the vocational expert determines that there is “substantial gainful employment” that is compatible with your skills, education, age and work experience and residual disability, the employer will file a modification petition to reduce the amount of workers compensation wage loss benefits you receive as a result of your “earning power.” If the employer wins the modification petition, your benefits could be reduced by the amount of money the vocational expert says you could have earned in those “available” positions. There are many strategies and defenses that can be utilized to prevent this from happening. Please feel free to contact our office for a free consultation to discuss your Pennsylvania Workers’ Compensation Claim.