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What is Loss of Wage Earning Capacity?

When you are determined to be at maximum medical improvement, a determination will be made by the Workers' Compensation Law Judge ("WCLJ") about the impact the injury has had on your ability to go back to work. In other words this determination involves looking at whether the injury has had significant and detrimental impact on your ability to work or find other suitable employment. As one can imagine, this is not an easy determination and often results in litigation and many hearings. An injured worker very often will testify about the impact that this injury has had on their ability to work; and other relevant factors.

As this is a very important determination in my client's case, we often meet many times to discuss how to properly present our case as well as seek the proper medical evidence from our treating physicians so as to refute any of the insurance carrier's medical evidence that may state the claimant is capable of working at a much higher exertional demand level than they are actually capable of. This determination results in how long and how much an injured worker will be paid for injuries sustained after post-capped Workers' Compensation cases (those injuries occurring after 3/13/2007) and therefore it is very important that proper evidence is presented in a timely manner before this determination is made by the WCLJ.

If you or someone you know has been injured at work or is dealing with a workers’ compensation case, call the Law Office of Tori Jacobs at 716-204-5285 or 716-380-2865

so that I may be able to represent you in this important determination of your case.




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