(Download) "Allee V. Contractors Inc" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Allee V. Contractors Inc
- Author : Colorado Supreme Court
- Release Date : January 27, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This case involves the statutory program for vocational rehabilitation established in 1975 as part of the Workers' Compensation Act, §§ 8-40-101 to 8-54-127, 3B C.R.S. (1986 & 1989 Supp.), and later repealed as of January 1, 1987.*fn1 The question is whether a partially disabled worker, who was awarded temporary partial disability benefits for an industrial injury sustained prior to July 1, 1987, and who was ordered by an administrative law judge to undergo evaluation for vocational rehabilitation, is entitled to receive temporary partial disability benefits during the period of time commencing with the worker's attainment of maximum medical improvement and terminating with either the worker's enrollment in a vocational rehabilitation program or the entry of an administrative order that vocational rehabilitation is not necessary to render the worker fit for a remunerative occupation. In Allee v. Contractors, Inc., 761 P.2d 250, (Colo. App. 1988), the court of appeals held that a disabled worker's right to temporary partial disability benefits terminates once the worker reaches maximum medical improvement, with the result that temporary partial disability benefits are not available during the interim period from the worker's attainment of maximum medical improvement until either the worker actually commences a vocational rehabilitation program or until an administrative law judge rules against the worker on the worker's need for vocational rehabilitation. We conclude that when, as here, a worker has suffered a disabling industrial injury prior to July 1, 1987, and has been awarded temporary partial disability benefits and has also been ordered to undergo evaluation for vocational rehabilitation, the worker is entitled to receive temporary partial disability benefits until such time as he actually commences a vocational rehabilitation program or an administrative determination is made that vocational rehabilitation is unnecessary. We accordingly reverse the judgment of the court of appeals and remand the case with directions to return it to the Industrial Claim Appeals Panel for further proceedings.
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