The Hurricane Sandy Post…..and a Displaced Worker In Delaware

When I was little, they called me "Sandy" for a period of time.  A select few, who thought it was "cute."  By the time I was nine, my assertive, aggressive qualities kicked in, and I would have none of it, this "Sandy" business .....not nearly dignified or distinctive enough...... so I was destined to be "Cassandra" forevermore....that is, until my dear one  Kristopher Starr came up with the moniker "Sassy Cassy".  Not exactly dignified.....but it works.   In fact, it is pretty much perfect most of the time.

So today is day #2 of most local businesses being closed due to Hurricane Sandy.  Here in the quiet of our offices I came across an email sent by Brian Lutness last week.  For those of you who wonder what a "displaced worker" looks like, I give you Priscilla Stove v. Aramark, IAB # 1258714 (6/26/12).  Here are the highlights of the case:

•   Petition for Review denied

•   Claimant is a prima facie displaced worker, 63 years of age, limited to light/sedentary work, prior vocational background in housekeeping, no diploma or GED

•   Labor market survey fails to establish job availability

I have to hand it to Brian.  He put on a pretty gutsy case, calling no doctor on behalf of claimant and relying on the defense medical evaluation of Dr. Case.  Not only did Brian manage to win this case for his client but he did so without a medical expert and with the labor market survey report being admitted without testimony.

We don't often see a prima facie displaced worker.  And we don't often see a labor market survey fall on its face. So in honor of a week of the unusual, and as a tribute to many of us being off work for days at a time.....I give you Priscilla....who will apparently be off work for a very long time...LOL!!

Irreverently yours,
Sassy Cassy (but never "Sandy")

   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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