What Is a Prima Facie Displaced Worker?

Over the last several years, there have not been many cases where claimants have successfully argued that they are a displaced worker prima facie, thus entitled to ongoing total disability benefits despite not being totally, medically disabled. When determining whether a claimant is a displaced worker prima facie, the Industrial Accident Board looks at the claimant’s age, physical limitations, education, mental capacity and training. 

In this case, the claimant was injured at age 79, when the forklift he was driving overturned, causing cervical, lumbar and head injuries. His job at the time of injury was a medium- to heavy-duty job. After the work accident, the claimant was physically unable to return to that job. 

Other than driving a forklift, the claimant’s job history consisted of working in the fields when he was young. The claimant further testified that he has a 10th grade education and never obtained a GED. 

The Board noted that, although the claimant is 79 years old, he was working full time in a physically demanding job as a forklift operator less than a year ago, “so his age does not seem to be an impediment to employment.” The Board went on to note that the claimant completed 10th grade, has no language barrier, drives a car, functions as an adult in today’s society, “and has a delightful personality.” Despite the foregoing, the Board found that the claimant was not a displaced worker prima facie and, therefore, no longer totally disabled. 

_{What’s Hot in Workers’ Comp, Vol. 29, No. 10, October 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}