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Pechacek, v. HealthEast

Case Conclusion Date: 08.25.2011

Practice Area: Workers Compensation

Outcome: Prevailed

Description: Where the judge accepted the testimony of the employee and her QRC that the employee had fully cooperated with her rehabilitation plan and had conducted a diligent job search for sixteen months, and where the judge had noted that the nurse employee was sixty years old and was competing for jobs against much younger candidates with better nursing credentials in a very difficult job market, the compensation judge’s conclusion that the employee was unlikely to find work for an indefinite period of time, and so had demonstrated permanent total disability, was not clearly erroneous and unsupported by substantial evidence.

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