This is awesome! I sure hope the insurance companies take notice of this decision!
Marketing (or job searching) is always a struggle. My clients don’t particularly enjoy marketing and my staff has to follow up with all of my clients to ensure they are doing the appropriate job searches to protect their benefits.
I recently read an opinion from the Virginia Court of Appeals in which the Appeals Court upheld a decision awarding benefits to an injured worker who was on light duty working 4 hours a day and did not market. The court found that the injured worker, Mr. Cruz, worked 4 hours a day as instructed by his doctor and did all of the light duty work his employer made available to him. Mr. Cruz did not turn down any light duty work offered to him by his employer and the Virginia Court of Appeals found that “he worked the maximum number of hours as restricted by his treating physicians.”
Go here to download the PDF File and read the full opinion.
What does this mean to you?
If you are on light duty and the doctor has limited the hours you can work and you are working the maximum number of hours your doctor will allow, you don’t need to market. HOWEVER – CONSIDER THIS A WARNING – I ALWAYS recommend to injured workers to err on the side of caution. I’ve seen far too many people lose their benefits because they did not properly market themselves while their doctor had them on restricted duty. It is always best to consult with an attorney about your particular situation before you make the decision not to market.
Remember, when it comes to workers’ compensation – ASSUME NOTHING!!
If you would like more information on marketing or on the Virginia workers’ compensation system, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia,” or call our office today (804) 755-7755.