When an individual suffers from permanent partial disability due to a work injury, he will be given compensation pursuant to a reasonable percentage determination of permanent partial disability. Vandermeer claimed thirty-six percent permanent partial disability after he fractured his leg during a hockey game with the Hershey Bears when an opposing player “body checked” him while his ice skate was caught in a crack in the ice. According to the D.C. code, the claimant must prove the nature and extent of disability by a preponderance of the evidence and the ALJ may consider a claimant’s “pain, weakness, atrophy, loss of endurance, and loss of function.” The court held that Vandermeer has a five percent permanent partial disability due to pain, five percent due to loss of endurance, and five percent due to testimony that personal activities in his daily life have been impacted by his work injury.
See Peter J. Vandermeer v. Lincoln Hockey, LLC, 2012 WL 3991658 (D.C. Emp’t Servs. 2012); see also D.C. Code § 32-1508(3).
(Development authored by Jennifer Riso)