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WC Def atty challenging a FCE done a a different provider because it relied on DOT physical demand requirements instead of ONET work activity freq of importance citing USDOL no longer recognizes DOT as valid.   I have been asked to do a 2nd opinion FCE.    However I also rely on the DOT as the accepted gold standard by Vic experts for specific physical demands for occupations as opposed to ONET.  The big issue in this case seems to be whether or not the IW can return to his job of injury working as an oilfield floor hand since previous FCE limited work to Medium work and according to Def atty IW is now working as a construction worker and based on Def atty's analysis of ONET freq of importance there is no difference between these two occupations therefore the IW should have the RFC to RTW in his job of injury working as a floor hand.   I haven't received his analysis yet but is my opinion thajt we should first rely on a valid job analysis of the IWs job of injury and compare to a valid job analysis of the IWs current job working as as a construction worker because job specific physical demand requirements are more specific to the issues in this case as opposed to the occupational physical demand requirements listed in the DOT and the work activity frequencies listed in ONET.    Any expert insight is greatly appreciated.  

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Steve Allison, CEO
Physical Therapist
sallisondpt@fcexpt.com
Bossier City, LA United States
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Your thought on relying on an actual job analysis in this case is correct.   It is interesting that the attorney is so concerned that the DOT instead of ONET is used, when either is really a generalization for the job type.  If there is truly a RTW concern, the bigger issue at first is the Essential Job Duties or Demands, then the Physical/Functional requirements to do that job.  When it comes to ADAAA Title I, they are concerned with Essential Job Duties, rather than how it is done.  That is where we come in. So, long story short, I think you are absolutely correct in your thinking.  

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Matt Drzik, MS, CWPE
Center Manager / Industrial Rehab Specialist
mattd@rehabatwork.com
Pikesville, MD United States

I agree. The job analysis is the first route to go, making accommodations there if possible. The D.O.T. versus O'Net ? You are correct. They have to use the D.O.T. as it is not the Gold Standard. SSA has never really approved the O'Net. All of the recommended computer based software for transferable skills analysis is built off from D.O.T.  I find that O'Net is great for career search/counseling and it is really excellent for Wage Loss and and the starting point for Labor Market Analysis.

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Philip Young
CEO/Vocational Expert/Forensic Rehabilitation Specialist
phil@compassvocational.com
Dallas, TX United States