Barnett & Casbarian, Inc. v. Ortiz

While I agree with the majority that the Workers’ Compensation Judge (WCJ) could properly find that the union office is work for which Worker is fitted, and that the odd-lot doctrine is inapplicable to the facts of the present case, I cannot agree with the majority opinion which adopts “reduction in the spectrum of job opportunities” as an additional test for disability, and remands for reconsideration based on that standard. I therefore respectfully dissent.

My concerns include: (1) lack of preservation of that issue; (2) failure to raise the issue on appeal, or, to the extent the reply brief…