The second form of vocational rehabilitation is done through a labor marker survey (LMS). This method makes it easier for an insurance company to stop or reduce an injured worker’s wage-loss benefits because all they have to do is show that there is the “possibility” of work in the general labor market that the worker can do despite their restrictions caused by the work injury. In other words, no actual job opening needs to be sent to the injured worker using this method. The workers’ compensation insurance carrier only needs to have the vocational rehabilitation company that they hire prepare a labor market survey (LMS) report showing that jobs exist in the general labor market that the injured worker can do even with their work restrictions, if they chose to look for work. Then based on the earning capacity established in these “potential” job openings, the insurance company can file a petition against the injured worker to stop or reduce their weekly wage-loss check.
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