A Wyoming laborer crushed by a 100-pound metal baffle – a product used to redirect air, sound or water flow – that fell from a pile of lumber was wrongly denied permanent total disability workers compensation benefits under the state’s “odd lot doctrine,” the state Supreme Court ruled Tuesday.
The high court reversed a district court ruling that affirmed a hearing examiner’s decision denying a claim by James Gray for permanent total disability benefits because the petition wasn’t accompanied by a physician’s certification.
The examiner said such a certification was necessary for the benefits award, and a lower court agreed.
The Supreme Court reversed, determining a certification isn’t required when a claimant petitions for benefits through the odd lot doctrine, which is a common law vehicle allowing injured workers to obtain permanent total disability benefits even when they aren’t permanently totally disabled.
Claimants invoking the odd lot doctrine can collect benefits when they show that their disability and other factors make them “de facto unemployable,” the state Supreme Court said.
The court said permanent disability isn’t solely a medical question capable of certification in all cases, since such a determination also requires an evaluation of economic loss or earning capacity resulting from an impairment evaluation that doesn’t fall under a doctor’s purview.
The court said Mr. Gray met his burden to prove eligibility for permanent total disability benefits under the odd lot doctrine.