This should be titled the "quick post". Minimal frills, minimal banter, no photos...... Today Jodi Cianci of the defense firm Chrissinger & Baumberger sent me the attached case. Termination of total disability granted in favor of the employer and a ruling that the claimant was not a "Hoey displaced worker". The Hoey doctrine of displaced worker is discussed in my post of 5/11/11 commenting on the 20th anniversary of Jewell Hoey v. Chrysler. Interestingly the case in question issued that same day, 5/11/11.
The case offered up by Jodi in reply to my ongoing request to have cases highlighted by my colleagues until I am past Sweet Caroline's graduation is Nicole Johnson v. Community Systems, Inc., #1351297 (5/11/11). The adjudicator and author of the decision is Hearing Officer Deborah Massaro, complete in her discussion of the Hoey analysis and instructive in her commentary as to why this claimant is not a traditional "displaced worker."
Worth reading? Heck, yes! Defense attorneys in particular might deem it of value for their research drawer.....
And thanks to Jodi for a big assist. Notwithstanding prom, graduation and getting ready to move Sweet Caroline to the Deep South, the Detour & Frolic has, thankfully, taken no detours.
Grateful not to be "displaced",Cassandra Roberts
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