Davis v Automotive Component Carrier, 2009 ACO #145
The Commission affirmed the magistrate’s disability analysis after the plaintiff demonstrated that he could not perform any of the jobs identified that paid his maximum wages. The defendants argued that that the magistrate erred in her disability analysis by failing to analyze whether the plaintiff could obtain any of the jobs identified. Practically speaking, the plaintiff does not have to prove he cannot obtain the identified jobs that he cannot perform and those jobs have no bearing on his wage-earning capacity. This case supports the proposition that the vocational experts must dot their “i’s” and cross their “t’s” when performing a job search. The jobs identified must be within the restrictions delineated.
