WY: Injured Roustabout Fails to Prove “Odd Lot” Status

WY: Injured Roustabout Fails to Prove “Odd Lot” Status

Citing Larson’s Workers’ Compensation Law, the Supreme Court of Wyoming recently held that an injured roustabout was not entitled to PTD benefits under the odd lot doctrine where it was clear that he could not return to his old job, but where he had failed to look for work after losing his job with the employer.  The court observed that three physicians opined that the employee could return to work with some limitations.  While the roustabout’s vocational expert indicated he was capable of only sedentary or light-duty employments, the court said the Commission could reasonably have concluded as it did that he failed to prove that a search for employment would be futile.  “Simply put,” the court added, the worker did not prove he was the “odd lot man.”

Reported by Thomas A. Robinson, J.D.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See McIntosh v. State ex rel. Wyoming Safety and Comp. Div., 2013 WY 135, 2013 Wyo. LEXIS 140 (Oct. 24, 2013) [2013 Wyo. LEXIS 140 (Oct. 24, 2013)]

See generally Larson’s Workers’ Compensation Law, § 83.01 [83.01]

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