Many practitioners have reviewed the April 4, 2003 Order of the Board in Struble v. Rocky Mountain Garage which affirmed the WCJ's grant of a petition to compel a vocational evaluation where the vocational expert had the Department's approval letter. In that Order the Board basically said it would not look behind the Department's post-Caso procedure. The Claimant appealed the Board's Order.
In an Order dated June 10, 2003, Judge Jiuliante has granted the Claimant's request for supersedeas and ordered that the Claimant does not need to attend a vocational interview as ordered by the WCJ. Judge Jiuliante stated: "The Department's current reliance on the vocational counselor's self-verification of his or her qualifications cannot be considered "approval by the Department prior to the interview as contemplated by this Court in Caso." (italics in original; open-ended parentheses in original)
Thanks to Vincent J. Quatrini, Jr., Esquire
Quatrini Rafferty Galloway