Substantial Handicap Analysis

The Labor Market Task Force was unable to develop an alternative method for labor market analysis; however that doesn’t mean that the current rules no longer apply when performing a substantial handicap analysis. OAR 436-120-0340(2)(g) discusses the requirements for an analysis of the labor market in evaluating substantial handicap and states:

“An analysis of the worker's labor market utilizing standard labor market reference materials including but not limited to Employment Department (OED) information such as Oregon Wage Information (OWI), Oregon Comprehensive Analysis File and other publications of the Occupational Program Planning System (OPPS) and material developed by the division. When using the OWI data, the presumed standard shall be the 10th percentile unless there is sufficient evidence that a higher or lower wage is more appropriate. When such data is not sufficient to make a decision about substantial handicap, the vocational consultant shall perform individual labor market surveys as described in OAR 436-120-0410(7)”

Labor market documentation and analysis continue to be a “thorny” problem for everyone involved in the provision of vocational assistance for injured workers. There appear to be no easy solutions. Until we find the solution, the rules require an analysis of the labor market for the injured worker when analyzing the issue of substantial handicap.

If you have any questions or need help in determining the eligibility of an injured worker, Vocational Consultants are “just a phone call away.” We will be glad to consult with anyone on this issue and will provide you with OED job orders if that will help with the analysis.

Vocational Consultants: 503-947-7816