Watson v. WAL-MART ASSOCIATES

BERGER, Justice:

In this appeal we consider the evidence required to prove and disprove that a claimant is a “displaced” worker under the workers’ compensation law. A displaced worker is a partially disabled claimant who is deemed to be totally disabled because he is unable to work in the competitive labor market as a result of a work-related injury. A claimant who is not prima facie displaced, has the burden to prove that he made a reasonable job search, but was unable to obtain employment because of his disability. If a claimant satisfies that burden, the employer may rebut that evidence by…