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Labor Market Attachment Refresher

by | Sep 16, 2015 | MAD News |

To demonstrate attachment to the labor market, a Claimant must submit evidence consistent with the requirements laid out in American Axle, 2010 WL 438153, 2010 NY Wrk. Comp. LEXIS 2560, WCB # 8030 3659 that he is:

  1. Actively seeking work within her restrictions that is timely diligent and persistent;
  2. Actively participating in a vocational rehabilitation program;
  3. Actively participating in a job location search service such as a One-Stop Career Center; or,
  4. Actively participating in a job service commonly used to secure work within a specific industry.

Erie County Medical Ctr. Corp., 2011 NY Wrk. Comp. LEXIS 2999, 10-14.

1.) The claimant has failed to produce evidence that she is actively seeking work within her restrictions that is timely, diligent and persistent.

If the independent job search is in person documentary evidence should provide

  • the day, month, and year of the contact;
  • the name and address of the employer;
  • the name and telephone number of the person with whom employment was discussed;
  • the type of job sought; and
  • the response of the potential employer.

American Axle, at p. 7.

If the contact was written,

  • copies of the resume submitted if any;
  • the inquiry letter or e-mail communication; or
  • the application completed is necessary along with the day, month, and year submitted,
  • the nature of employment sought,
  • name and address of the employer and
  • the response of the potential employer.

American Axle, at p. 7.

2.) The claimant has not produced any evidence that she is actively participating in a vocational rehabilitation program.

As is noted in Erie County Medical Ctr. Corp.:

A claimant may be found to be attached to the labor market if she is actively participating in a vocational rehabilitation program through VESID

In the instant case, there is no evidence that the claimant is actively participating in a vocational rehabilitation program.

3.) The claimant has not actively participated in a job location service such as a One-Stop Career Center.

A claimant may be found to be attached to the labor market if she is actively participating in a job location service such as a One-Stop Career Center (Matter of American Axle, 2010 NY Wrk Comp 80303659).

Active participation with a One-Stop Career Center “… means

  • calling for an appointment;
  • attending an orientation session;
  • meeting with a One-Stop counselor to develop a resume;
  • registering a resume in the One-Stop system;
  • following up to determine whether there were any job matches; and
  • following up on all job referrals and matches

Erie County Medical Ctr. Corp. citing American Axle.

4.) The claimant has not produce sufficient documentation that she is actively participating in a job service used to secure work within a specific industry.

Just like it sounds.