None the Richer? Del. IAB Finds Actual Displacement in Little Sisters of the Poor Case
Coming to me by way of claimant attorney Rich Wilson, I give you Mary Matharu v. Little Sisters of The Poor, IAB Hr’g No. 1424369 (Nov. 18, 2015), which is an ode to the displaced worker doctrine and the Board’s most recent commentary on what it takes to be a displaced worker in the vein of the Watson case (and for an understanding of Watson, see my post of 2/4/11 titled “Big Doin’s in Delaware…..”)
This is 40 pages of evidence and commentary and I am on my way out the door for a long weekend (gotta unpack my newly-remodeled kitchen and make pepper jelly on my new Bosch cooktop) so I will leave it to y’all to enjoy the details.
The highlights:
An FCE that would allow a return to work with” self-limiting behaviors” and a really high Oswestry score
A good faith effort to locate work, falling only a bit short of the “perfect” Watson standard
A job search characterized as “old-fashioned”
Disparagement of “cold calling” employers seeking work
A labor market survey which was also not perfect
An invitation to re-file the Petition for Review
Sincere thanks to Rich for the gift that keeps on giving . . . a displaced worker. Well maybe not — give the suggestion that in this case, displacement is but a temporary state of being. And for now, the aroma of jalapeno and vinegar awaits!
Irreverently yours,
Cassandra Roberts
