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An Adequate Job Search is a Prerequisite for Maintenance Benefits

By Christopher S. Crawford

In Alfaro v. Al Piemonte Ford, IWCC# 10 WC 10326, the Commission vacated an award of the arbitrator awarding maintenance benefits. Petitioner had been given a light to medium work restriction. Upon being released from work, Petitioner did not engage in a job search. He testified that he completed applications, but presented no physical evidence of the applications. This detailed job search was conducted in the weeks leading up to trial. Prior to that time, Petitioner generally described that he had looked all over the place, but could not provide any specifics. The Commission found that the job search was insufficient and denied maintenance. Interestingly, the Commission did award vocational rehabilitation benefits.

Originally published in the Fall 2012 edition of Quinn Quarterly.

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