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Thread Title: U/C after voc rehab.....
Created On Wednesday April 23, 2008 10:25 AM

rosellavera
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Wednesday April 23, 2008 10:25 AM

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Applicant is given a work restriction of sedentary work with no heavy lifting in 1993. Case settles and VR is provided. Applicant completes a plan and finds a job within those restrictions. In 2002 applicant returns to work doing heavy work and re-injures his back. He files a new claim and gets VR benefits again (ER in the 2002 injury was unaware of the 1993 injury), completes a plan and finds employment within his restrictions. Applicant waits another 3 years and in 2006 returns to work again doing heavy work and re-injures himself. He files a new claim which is currently pending. I know that there will be an issue of apportionment, but can in a situation like this one, a WCJ issue a "take nothing" award based on the fact that the applicant was aware that he couldn't do heavy work but continued to return to such work.

Thanks,

Rose

gaiassoul1@yahoo.com
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Wednesday April 23, 2008 10:04 PM

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not a take nothing per se because it appears there was further injury -- the remedies on the ER side if they choose to raise them will be apportionment and an S&W against the applicant....but we all know how those work....not very well.

Bravo
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Friday April 25, 2008 7:51 AM

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A WCJ could even issue a nominal award based on LC 5802.

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