Everything Old is New Again

5 10 2012

Well, the landscape keeps changing with each new issuance of case law. The recent Dahl decision is very interesting because it addresses the claim in Ogilvie 3 that a LeBouf style analysis is only appropriate in cases of total disability.

In Dahl, the court gainsays this statement. It says that such an analysis can also be done and found useful in cases of less than 100% disability. This is a critical piece as we continue to sort out the best way to determine disability.

By the way, the Dahl case also says that impairment in the ability to compete in the open labor market is essentially synonymous with diminished future earning capacity. In many cases, this simply cannot be true, but that is a topic for another blog entry on another day!

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