Vocational Specialists and Surveillance: The Enemies of the Workers' Compensation Claimant

by Karl J. Januzzi, Esq.

In the title of this article, I have used the word “enemies” for a very good reason in describing vocational specialists and surveillance. I want the reader to fully appreciate the significant threat to their benefits posed by each of these techniques employed by workers' compensation insurance companies. In fact, one misstep on the part of a claimant and either (vocational specialist or surveillance) can be used as the basis for terminating your benefits. Having said that, both vocational specialists and surveillance can easily be neutralized if the claimant is careful and follows the advice of his/her attorney.

Vocational specialists are employed by insurance companies ostensibly to find alternative employment for a claimant who can no longer perform his time of injury job and whose company is simply not willing to offer the claimant a job. A vocational specialist will meet with a claimant, supposedly to learn of the client's interests and skills to find the best “job fit” for the claimant. However, experience teaches us that the jobs offered to claimants invariably are “nowhere jobs.” Such jobs that are available because they are low paying and turnover is high. Even given this fact, claimants who apply for these jobs are very rarely hired. This is because most employers are hesitant to take a chance on someone who suffers from a work injury. Those of you who have attempted to get jobs on your own are well aware of how difficult it is for an injured worker to find new employment.

So why do insurance companies spend thousands of dollars hiring a vocational specialist when the exercise has little or no chance of resulting in a job offer to the claimant? The answer is simple: Insurance companies derive great benefits from the use of a vocational job specialist even when no job is offered.

In fact, the biggest benefit to an insurance company is if a claimant fails to show up for a job interview set up by the vocational specialist. The insurance company will then file a Petition to Modify, Suspend or Terminate a claimant's benefits, arguing that the claimant has failed to show good faith efforts in finding new employment. This scenario occurs quite often and insurance companies have been very successful with this technique. Fortunately, the claimant's solution is simple. Just show up for every job referral made by the vocational specialist. Remember, there is nothing in the law that limits the number of job referrals that vocational specialists can make to a claimant. No matter how inconvenient or annoying, it is important that the claimant follow through with all job referrals, even if the claimant's own doctor has indicated he/she is unable to work.

Claimants must also be careful about statements made to the vocational specialist. These individuals will often engage claimants in seemingly idle conversation hoping claimants will make statements that can be used against them. I can't tell you how many times clients have told me, “Oh, she really cares” or “He is so nice,” etc. Trust me, that is all a part of their function. You must always remember the vocational specialist is hired and paid for and works for the insurance company—not you. Any statement you make to a vocational specialist is in effect a statement made to the insurance company. Believe me, you will not think that individual is so nice or so caring when he/she is testifying against you at a workers' compensation hearing.

Thankfully, once again, the solution is simple. Do not have any contact with a vocational specialist except through your attorney.

If you are on workers' compensation for any length of time, the insurance company will not allow you to be comfortable. They will continually make life difficult for you by scheduling independent medical examinations, vocational examinations, job referral after job referral, send checks late and fail to send checks, etc. All too often such tactics prove successful in frustrating claimants to the point where they accept settlements for far less than their claim is worth.

While there is no simple solution to counter this, it is much easier to accept when you understand why it is being done and learn to live with it.

Remember, insurance companies do not spend money unwisely. They call off the vocational specialist in those cases where they realize they are deriving no benefit.