Background
Jacqueline McQuigg petitioned for review of an order by the Benefits Review Board, which had affirmed an administrative law judge’s determination that she was permanently partially disabled from August nineteen, twenty nineteen, onward under the Longshore and Harbor Workers’ Compensation Act. McQuigg argued she should be classified as permanently totally disabled and challenged the employer’s demonstration of suitable alternate employment.
The court’s reasoning
The court found the administrative law judge applied the correct legal standard. The judge assessed whether the Marine Corps established that suitable alternate employment was available in the claimant’s labor market. The court noted that McQuigg failed to seek employment and therefore did not refute the employer’s demonstration. Regarding the number of positions, the court held that identifying two specific job opportunities with evidence of similar work generally available satisfied the requirement. The court declined to evaluate whether a single position would suffice or to formulate a new standard.
What it means going forward
The decision reinforces that claimants must actively seek employment to rebut an employer’s evidence of available work and clarifies that employers may meet their burden by showing generally available similar work even if only one specific position is identified.