You were badly injured at work, but not deemed totally disabled. Nevertheless, you’ve already learned that you can’t ever go back to doing your old job. Yet, you don’t have the skills to do anything else. These are just a couple of considerations that might make you a candidate for total disability under the Odd Lot Doctrine.
It might seem to be a confusing concept. The doctor hasn’t said that you are totally disabled.Then, why would an insurance company pay you as though you were? The Odd Lot Doctrine is actually premised on old English laws. If you are severely injured and don’t qualify for another type of work, you may be entitled to total and permanent workers’ compensation disability payments.
Odd Lot Doctrine Considerations
For starters, let’s add some clarification concerning what constitutes a serious injury. Once again, you don’t necessarily have to be considered 100% disabled. According to NJSA 34:15- 36, “factors other than physical and neuropsychiatric impairments may be considered in the determination of permanent total disability.” Those other factors are the ones that might make you eligible to assert a claim for total disability under the Odd Lot Doctrine.
The language of the statute continues with further requirements regarding awards for permanent and total disability. The physical and neuropsychiatric impairments must add up to at least 75% of total disability. This number will be determined after a review of expert reports submitted by your lawyer and the attorney for your employer.
So, part one is a finding of at least 75% impairment. Part two can be more difficult. There must be proof that you are ineligible for any other type of employment. This will requiredocumentation that demonstrates why you can’t find work doing something else.
Successful Application of the Odd Lot Doctrine
The Odd Lot Doctrine was successfully asserted in the matter of Calle v. Dejana Industries, NJ:Appellate Div. 2011. This case involved a worker hired to unload trucks of deicing materials.Mr. Calle suffered severe back injuries when he slipped and fell in a work-related accident.
As a result of the accident, Mr. Calle underwent extensive back surgery. This included a laminectomy, spinal fusion, and insertion of a rod. Even nine months after the accident, Mr.Calle was still in pain and walked with a limp.
The expert doctors retained by both sides disagreed on the extent of Mr. Calle’s injuries. Nevertheless, when the judge reviewed the testimony and reports, he also added his opinion concerning application of the Odd Lot Doctrine to the case.
According to the compensation judge, "the accident and injury [orthopedically and neurologically] totaled [Calle]." He then stated that "one could certainly consider that [Calle is an] odd lot given the fact that he has Spanish as a primary language;[2] he has no other formal education[.]”
In other words, the judge acknowledged that Mr. Calle would have a difficult time securing new employment because of language and education deficiencies.
Injured at Work?
The Law Offices of Beninato & Matrafaljo has extensive experience assisting injured workers.If you were hurt on the job, we would like to help you. Please contact us to set up an appointment.
Dan is a lawyer you want on your side, he was on point , always working on strategies on my case. btw we won our case!!! When it matters to you call him. Thanks Again Beninato & Matrafajlo
Raniero Stirpe
22:11 16 Jul 19
I had a work related incident on 11/2017. I immediately google reviewed a workers comp attorney. Beninato & Matrafajlo Law firm revealed extremely positive reviews. Without a hesitation I drove to their Elizabeth location seeking help. Attorney Andrew was very polite, courteous and resourceful with aiding my problems. Andrew assistant was just just as helpful. They kept me updated throughout the entire process via phone or email. The doctors they administered me to were pleasant as well. Even though the process took nearly 2yrs - Andrew was alongside for entire journey. On May 29, 2018 I finally went to court for work incident. Andrew prompt me on entire court process making me feel comfy and confident before speaking in front of judge. After the ordeal Beninato & Matrafajlo Law firm followed up making sure I was completely satisfied with everything. I wouldn’t of chosen anyone else! Thank You Andrew, his assistant & entire Law firm for the marvelous experience.
Kabir Portillo
23:41 05 Jul 19
Best Lawyer ever very professional flights to the very end To make sure his client is happy with the decision of a case
Jelsson Barba
01:44 28 Jun 19
Dan is the best lawyer I have ever met he did not give up he said he was going to help me and that's definitely what he did I am grateful to have him as my attorney and I will highly recommend him to anyone looking for help p.s and everyone that works at the office is extremely professional polites and very nice and I thank you as well keep up the great work
Albert Fuentes
10:54 20 May 19
Mr. Matrafajlo and his staff are both professional and kind. He went to court 5 times over 6+months fighting a traffic ticket that would of suspended my license and caused me thousands in fine and surcharges. It was dismissed with zero owed to the courts after proving DMV administrative discrepancies. Thank you so much for all your helpRenee
Renee Otoole
14:07 11 May 19
Mr. Matrafajlo and his staff are both professional and kind. He went to court 5 times over 6+months fighting a traffic ticket that would of suspended my...
First of all, I admired Dan for his understanding by putting himself on his clients shoes and fight for their best interest (outcome). For me, the definition of a great lawyer are those who "deliver" and he does.
Jay Licin
16:22 03 Apr 19
I am writing this review almost a decade after the fact......Mr. Matrafajlo is an excellent attorney. He did everything in his power to help me out. I would recommend him to anyone that was in need of an attorney.
Brian Bianco
23:24 01 Mar 19
The best of the best! I would definitely recommend Dan to my family and friends. Very professional and goes above and beyond to answer questions and to get the best results!
David Palucki
20:43 18 Jan 19
I got a 3 point ticket for doing an unsafe turn. I ended up hiring Matrafajlo. He seemed pretty confident he can get the ticket reduced to obstruction of...
I would definitely recommend Dan and his team to friends and family. The staff was very knowledgeable and helpful every time I reached out with questions. Dan and Teresa aka the Dream Team!! Everyone went above and beyond for little ‘ol me! Job well done!!
T Shipley
18:29 07 Nov 18
Dan really went above and beyond for my case . I was wrongfully accused of reckless driving . He could of just told me to take first plea deal and been done with it . Instead he suggested I refuse . The prosecutor in turn ran us around for months refusing to budge. Dan was sted fast in his support for me and never wavered. What started as a reckless driving which is a criminal offense ended as an unsafe driving ( 0 point offense). All thanks to Dan's hard work and perseverance
Cj Craddock
23:13 16 Sep 18
The best of the best, there's no other choice if you're looking for legal representation. Simply an incredible attorney. Helped me get out of a serious jam.
Jim Gilligan
22:51 08 May 18
Dan Matrafajlo was fantastic. From the moment I hired him he handled everything from scheduling my court date to representing me with my traffic ticket. Literally, all I had to do was show up to court. He put me at ease throughout the whole process and had my fine reduced dramatically!! I highly recommend him.
A J Sports
02:40 26 Apr 18
Dan Matrafajlo one the best attorneys ever I was completely satisfied and he has one of the best teams working for him .. I would and have recommended him .
Represented my mother when she had an accident, highly recommend him as an attorney
george gialamas
20:57 25 Mar 18
I don't know much about Beninato but I know a lot about Matrafajlo Danny Matrafajlo is very ambitious, smart, knowlegable, helpful lawyer I have ever know.Keep that way DannyHappy Thanksgiving to you and your family
Few months back, my husband had injured in a car accident. It seemed to be a small injury, but in fact it was brain injury and the truck who hit our car, ran away. We were so confused that how to survive and get compensation for brain injury. At that time, from my friend's reference, I got to know about Beninato & Matrafajlo Law, The firm handled our case very carefully and passionately, took the right steps for us and helped us in getting compensation. Thanks to Beninato & Matrafajlo Law!
Catelyn Martell
05:42 26 Jul 17
Dan is an outstanding lawyer he has handled personal injury cases for me for a couple of my friends he has handled matrimonial and Municipal Court tickets and everyone is happy with his services
Sove Alcequiez
20:05 23 Jul 17
I was referred to Dan Mantrafajlo by a dear friend of my that I respect greatly. This friend said that Dan was the type of lawyer that made the hard work she was putting into law school worth it...I found this to be very true. Professional, hard working, informed and willing to go above and beyond. This is a real review from a real client.
Damon O'Gara
08:12 20 Jul 17
Very professional. I highly recommend it to anybody.
Santiago Pelaez
01:46 12 Jul 17
Simply put he is the best! He was professional, prompt and always acted in my best interest. Couldn't have expected a better outcome.
Mr. Matrafajlo has represented me in a civil case where I was struck and injured by another vehicle.His professionalism and hard work truly made my experience seamless. There will be unpredictable measures that life throws at you, it always helps to have someone you trust by your side.I highly recommend Mr. Matrafajlo or anyone in this law firm to represent them if need be.-Zack
Dan Matrafajlo excellent lawyer. He solved my two previous cases. Individual approach, prompt actions, purposefully moving toward the success. Thank you Dan, yes you are the best of the best.
Dan is an excellent attorney. Unlike most attorneys Dan actually cares about your case. He went the extra mile and did countless hours of research to help me win my case. I'd give him 10 stars if I was able to.
rob cif
14:44 31 Mar 15
I starting using Dan after a VERY bad experience with a previous attorney who took advantage of our family. Dan is a great lawyer and very competent. While he specializes in personal injury, he and his office staff proved themselves on multiple occasions to be more then competent in other areas of the law. He's quick to respond and always makes us feel like our case is his top priority. I have since referred him to multiple people and their experience has been a positive one as well. His rates are reasonable and he has no desire to drag things out, file extension after extension etc. and rack up my bill as our previous attorney did. We highly recommend Dan Matrafajilo Esq., as does everyone I know who have used his services before.
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