In regard to Jose Alvez
May 18, 2010OUTCOME: Claimants classified with a permanent partial disability who have an overal total disability because of a condition unrelated to work do not need to look for work in order to be entitled to workers' compensation awards.
The Claimant was classified with a permanent partial disability under worker's compensation law as a result of a work accident, however, he had another illness that rendered him totally disabled and un ... able to work in any capacity. He was receiving benefits at the partial rate and the Carrier suspended the benefits citing voluntary withdrawal of the labor market because the Claimant was not looking for work within his restrictions. The issue was whether a Claimant that is classified with a partial disability, but who has an overall total disability because of an unrelated illness has the obligation to look for work in order to be entitled to awards. I argued that he does not, and I won.
