Part Time Work May Be Enough To Prove Worker Is Not Totally Disabled

MCFERRAN VS CONSOLIDATED FREIGHTS

Summary: 57-year-old hostler/driver suffered knee and groin injuries. Physician approved three positions as medically appropriate for claimant: pharmacy delivery driver, bookmobile driver, and newspaper delivery driver. Vocational evidence, including testimony from vocational expert, indicated only one bookmobile job existed but that job had no turnover and that newspaper delivery job was not a job but a business claimant would have to enter.

Held: Injured worker is not PPD if he is capable of performing part-time employment which is substantial and significant. Claimant is not PPD where he can perform pharmacy delivery driver position and that job, though part-time, is substantial and significant.

Note: Montana Supreme Court upheld the standard enunciated by WCC, i.e. ability to perform part-time employment which is substantial and significant precludes finding of PTD status, but found record did not support a finding that pharmacy driver was substantial and significant job where it could involve as few as six hours per week.

Workers compensation adjuster use vocational rehabilitation counselors to close the file on injured workers who have run out of medical options and can't return to their job.  All the vocational counselor has to do is ask your doctor if you can be a parking lot attendant or a towel folder at the laundry?  Then your temporary total diasability(TTD) can be terminated with a 14 day notice.  If you reach MMI you may be in the same boat as all the other potential parking lot attendants and towel folders. 

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