Brock v General Motors Corp., 2009 ACO #127
The Commission affirmed the magistrate’s decision denying benefits due to the claimant’s failure to prove that a work-related disability caused a limitation in her maximum wage-earning capacity. The plaintiff in this matter left the defendants employ in 2002 due to a non-occupational psychiatric illness. After leaving her employment with the defendant, she alleged a work-related knee injury. The Commission noted that there were glaring deficiencies in the plaintiff’s proofs regarding disability despite the fact she testified that she looked for work. Key point: for a plaintiff to prove a limitation in wage-earning capacity relative to a work-related injury following a reduction in wage-earning capacity due to a non work-related condition, the plaintiff must establish that she regained her wage-earning capacity relative to the non-occupational condition.
