Staff Scheduling Clerk Position Found Unsuitable
A published workers’ compensation appeal successfully advanced by JM Disability Management Solutions for an injured worker with permanent restrictions after a serious hamstring injury.
The Situation
WCB selected a staff scheduling clerk position when calculating the worker’s future earning capacity. The worker did not have the physical or vocational profile required for the proposed occupation.
Why WCB Denied or Limited the Claim
- The occupation was selected without sufficient attention to the worker’s actual abilities.
- The worker’s education, transferable skills and employment history were not properly considered.
- The analysis did not reflect realistic competition for the job.
How JMDMS Won the Appeal
JMDMS challenged the position using the worker’s restrictions, education, transferable skills, work history and realistic ability to compete for and sustain the work.
What the Appeal Decision Achieved
The appeal achieved a successful result on the suitability of the staff scheduling clerk position.
Why This Decision Matters to Other Injured Workers
WCB cannot fairly reduce benefits using a job that exists only on paper. The occupation must be suitable and reasonably attainable for the actual worker.
Could This Help Your Claim?
If your claim involves similar medical, psychological, vocational or benefit issues, this decision may help demonstrate that WCB’s first decision is not always the final answer. Every appeal depends on its own evidence, but a denial should be carefully reviewed to determine whether WCB applied the correct policy, considered all relevant evidence and fairly assessed the worker’s actual circumstances.
Why Experienced WCB Appeal Representation Matters
JMDMS understands how to test a vocational plan against the worker’s whole circumstances and expose where WCB’s analysis falls short.
Successful appeals often require a detailed understanding of WCB legislation, policy, medical causation, vocational evidence, earnings calculations, functional limitations and Appeals Commission reasoning. JMDMS reviews the entire claim record, identifies what WCB missed and prepares focused submissions designed around the exact issue that must be proven.
Has WCB Denied Your Claim or Ended Your Benefits?
Speak with JM Disability Management Solutions about the decision, the evidence already on your file and the next available level of review or appeal.
Request a Free WCB Discussion Call 587-956-7530This case summary is provided for general information only. Every claim is decided on its own facts and evidence. A previous appeal result does not guarantee the outcome of another claim.