Where an administrative judge’s award of benefits was based upon an earning capacity of $720 per week, the award should be upheld because the adopted medical and vocational evidence appears consistent with the employee’s own credited testimony.
“The employee appeals from the administrative judge’s award of Section 35 benefits at the weekly rate of $562.54, based upon an average weekly wage of $1,657.56 and an earning capacity of $720.0 per week, from August 3, 2020, to date and continuing. … The employee raises two related issues on appeal: 1) the finding of an earning capacity of $18.00 per hour for 40 hours per week; and 2) the assignment of the earning capacity from August 3, 2020, to date and continuing. Because the adopted evidence supports the judge’s findings on both issues, we affirm the decision. …
“The employee submitted the April 5, 2022, report prepared by Vocational Consultant Rhonda Jellenik, in which she opined that the employee is totally vocationally disabled. The judge declined to adopt this opinion. … Instead, the judge chose to adopt the opinions contained in the December 21, 2021 report of Vocational Consultant Ann Marie Latella submitted by the self-insurer. …
“… Indeed, the adopted vocational opinions and report of Ann Marie Latella go to great lengths to evaluate the availability of real-world opportunities in the job market that accommodate the employee’s restrictions as presented in the evidence. She specifically opined the employee could work in...
Professional rivalry and office politics were the driving forces behind the "false" sexual harassment and conversion allegations levelled against Tata Consulting Services (TCS) employee Raza Rafiq...