Gjashta v. C&D Supply Co., Inc., 2010 ACO #131
This matter was remanded to the magistrate for additional findings consistent with Stokes v. Chrysler, LLC. On remand, the magistrate performed additional analysis and determined that his basis for finding disability was the testimony of defendants’ vocational expert. Based on the expert’s testimony, the plaintiff was able to establish that he could not earn pre-injury maximum wages.

Key Point: The plaintiff need not present in their case in chief the testimony that they are going to rely on to prove disability. It is proper for the magistrate to rely on defendant expert testimony to establish the plaintiff’s prima facie case for disability.