The Odd Lot Doctrine as part of workers’ compensation

Posted October 21st, 2014 by .

Categories: Workers Compensation.

odd-lot-doctrine-workers-compensationRest assured.  If you are told you are a candidate under the Odd Lot Doctrine, it does not mean you are peculiar.  However, it may mean that your workers’ compensation injuries are severe enough to merit permanent disability benefits.  It is imperative that you retain the services of a qualified New Jersey attorney to go after benefits under this doctrine.  It is not something your employer or their insurance company will think to give you on their own.

What is the Odd Lot Doctrine?  According to an early law decision, the Doctrine of “Odd Lot” was modeled after a case in England. Although the person who was injured at work attempted to find a new job, he could not find one.  His physical disabilities were not the only issue.  The individual lacked sufficient skills to qualify for another position.   Unfortunately, the same can hold true for certain New Jersey workers.

In order to be eligible for workers’ compensation benefits under the Odd Lot Doctrine, these two factors must both be met:

  • Employee must be considered at least 75% disabled from an accident that occurred at work (A workers’ compensation judge determines this after reviewing medical expert reports)
  • There must be proof that other issues exist to make the person unable to find a job

In short, the idea is to acknowledge that the individual’s disability is not limited to 75%.  As a result of other elements of the matter, the person is looked upon as 100% permanently disabled.  This decision is made in workers compensation court.

What are the other factors considered under the Odd Lot Doctrine?  Age is certainly a consideration, as is education.  For example, an injured person who made a great living doing heavy construction work may not physically be able to return to hard labor.  If the individual is illiterate, it is a strong possibility that office work is out of the question.  What happens next?

Some may consider workers’ compensation benefits as limited to providing medical treatment and reimbursement for lost wages.  However, there are additional benefits associated with permanent disability.  Permanent disability can be both partial and total in nature.  It is important to consult with an attorney such as the Law Offices of Anthony Carbone.  The firm has decades of experience dealing with the insurance companies and court.  Contact us now to see if your case qualifies for permanent disability benefits.





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