Retaining an Expert for Workers' Compensation Cases
Responsible experts: Matthew R. Putts, Ph.D. (Chief of Vocational Services); Christopher Skerritt, M.Ed., MBA (Chief of Economic Services) · Last updated
Workers' compensation vocational engagements focus on return-to-work planning, job analysis, and, where applicable, permanent partial or total disability analysis within the state's statutory framework.
Checklist
- Identify the jurisdiction's workers' compensation statute and process
- Obtain treating physician restrictions and any FCE
- Perform job analysis of pre-injury position
- Identify alternative work within restrictions
- Consider retraining or vocational rehabilitation if return to prior occupation is not feasible
Questions to ask the expert
- What experience do you have with this state's workers' compensation vocational rules?
- Do you coordinate with the insurer's nurse case manager?
- How do you document job search efforts for mitigation purposes?
Timeline
Reports are typically 30 to 60 days from receipt of complete records for most workers' compensation vocational engagements.
Required documents
- Claim file and wage statements
- Treating physician records and restrictions
- FCE if performed
- Pre-injury job description
Common pitfalls
- Ignoring state-specific statutory procedure
- Overlooking the claimant's transferable skills
- Insufficient documentation of the labor market survey
Frequently Asked Questions
Does workers' compensation vocational work overlap with civil litigation?
Some overlap in methodology. Civil litigation tends to be more evaluative; workers' compensation tends to be more rehabilitation-oriented.
References
- U.S. DOL OWCPGovernment
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