4 Step Analysis to Prove Disability under §418.301(5)

  • Employee must do all of the following to prove disability:
    • Disclose his/her qualifications and training, including education, skills, and experience, whether or not they are relevant to the job the employee was performing at the time of injury;
    • Provide evidence of the work he/she is qualified and trained to perform within the same salary range as his/her maximum wage earning capacity;
    • Demonstrate that the work injury prevents him/her from performing the jobs identified within his/her qualifications and training that pay the maximum wages;
    • If the employee is capable of performing any such jobs, then the employee must show that he/she cannot obtain those jobs. Again, the evidence “shall include a showing of a good-faith attempt to procure post-injury employment“.
  • If the employee meets these requirements then the burden of proof switches to the employer to rebut the employee’s showing.
  • The employer has a right to what is known as a Stokes evaluation or Labor Market Assessment to look into the employee’s qualifications, training, experience, and job searches