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What is the odd-lot doctrine?

Under the odd-lot doctrine, a New Jersey judge may consider factors beyond physical and neuropsychiatric impairments to find an injured worker permanently and totally disabled. For the odd-lot doctrine to apply, physical and neuropsychiatric impairments must constitute at least 75 percent of the worker’s disability, and the worker must be unemployable as a result of factors other than physical and neuropsychiatric impairments.

When determining whether an employee is totally disabled under the odd-lot doctrine, a judge may consider the worker’s education, training, age, background and the substantial unlikelihood of finding work. The inability to understand English can be a basis for applying the odd-lot doctrine, for example.

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