Workers Compensation: NEIGHBORS V. RIVER CITY INTERIORS (SCOKY; 3/23/2006)

NEIGHBORS V. RIVER CITY INTERIORS
WORKERS COMPENSATION
– VOCATIONAL REHABILITATION
2005-SC-000681-WC.pdf
PUBLISHED
AFFIRMING (OPINION OF COURT)
DATE:  3/23/2006

The Court affirmed the ALJ’s findings and Order that the claimant was capable of engaging in vocational rehabilitation and requiring that he attend, after he had been found by a different ALJ to be totally disabled, and was receiving Social Sceurity Disability for total disability.  The claimant questioned the jurisdiction of the ALJ, since the statute allowing reopening does not address post-award refusals to undergo vocational rehabilitation.  This case opens a new avenue for insurers to reduce payment of a total disability award by 50% if the claimant refuses to participate in the retraining process.

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