1. THE SECRETS OF LWEC EXPOSED

2. Claimant working at time of Classification The wage earing capacity of an injured employer in cases of partial disability shall be determined by his actual earnings. (WCL 15(5-a)) These Disability Duration Guidelines provide part of the methodology for determining the percentage of loss of wage-earning capacity and related Duration Maximums for individuals who are subject to Section 15(3)(w) and are not working. (LWEC Guidelines) Full Board has detrained that ; PPD Claimants should not be treated differently simple because of the fact that they may be back at work at the time of classification. (Longley Jones Management Corp.) 3. Application to Reopen The claimants failure to act on [the carrier request for job search] is insufficient standing alone to overcome the inference afforded a PPD claimant. (Franics Brothers Sewer & Drg) 4. Application to Reopen Employer Job: Proof that the employer back to work within the claimants restrictions Vocational Job: A vocation experts opinion that they are jobs in which the claimant can perform within their restrictions. (Siding Restoration of CNY) Non-Participation: Proof that the claimant failed to participate with the employer sponsored program. (Sun Harbor Manor) 5. Non-Participation Communication with claimants attorney seeking permission to work with claimant. (Howland Pump and Supply Co. Inc.) Prior notification to claimants attorney that a communication will take place at a specific time in the future. (Siding Restoration of CNY) An affidavit attesting to all the communication to all the parties. (Kaleida/Buffalo General Hospital) 6. Total Industrial Disability WCL 37(2): Total Industrial Disability. No provision of this article shall in any way be read to derogate or impair current or future claimants existing rights to apply at any time to obtain the status of total industrial disability under current case law. TEST: Where the medical limitations coupled with the other factors that effect his employability, such as age, education, ability to communicate, read, and write, and limited vocational background, render the claimant totally incapable of returning to the work force in any capacity. 7. Total Industrial Disability Schedule Loss of use does not prelude a finding of TID (Interstate Brands Corp) When determining TID, other non work related physical impairments may be considered (Nortrax Equipment) Failure to produce evidence of the contrary will almost always guarantee the claimants success (Barsuk v. Joseph Barsuk Inc.)