If you have not been classified with a permanent disability and have a temporary partial disability, the carrier can raise the issue of “labor market attachment.” In order to show labor market attachment, you must make a reasonable and good faith effort to obtain gainful employment consistent with your restrictions.
You have an affirmative obligation to remain attached to the labor market and must submit proof of your efforts to find work within your restrictions. If the Judge finds your proof of labor market attachment is insufficient, then your weekly payments will be suspended.
In order to show that you are attached to the labor market, you may perform a diligent and good faith job search for work within your restrictions, enroll and participate in ACCES-VR, or actively utilize the Department of Labor’s One-Stop Career Centers. It is important to document each and every effort you make in looking for work, including making a log of all contact with employers and retraining agencies and printing copies of job application submissions.
The Workers’ Compensation Board utilizes Form C-258 and C-258.1 for injured workers to demonstrate the efforts made in labor market attachment. It is important to fill out these forms completely and provide as much information as possible to support your proof of labor market attachment.