Benefits: Rehabilitation Benefits: Retraining
Gates
v. Liberty NW Ins. Co. [2/13/96] 1995 MTWCC 114A Section
39-71-2001(3), MCA (1993), which requires that a worker unable to return
to his time-of-injury job be provided eight weeks of rehabilitation benefits
at a minimum, applies only when the worker cannot perform the job, not
to situations where the worker is able to perform the job but it has been
eliminated or filled by someone else. |
| Gates v. Liberty NW Ins. Co. [12/29/95] 1995 MTWCC 11 If a rehabilitation plan calls for retraining, then a reasonable time must be allowed for claimant to find work upon completion of the plan, at a minimum eight weeks, before wage loss is assessed. |
Gjerde
v. Employers Ins. of Wausau [12/09/94] 1994 MTWCC 111 Considering
claimant’s age, education, training, work history, residual physical
capacities, and vocational interests, his desire for two years of rehabilitation
benefits to obtain certification in computer programming and business
management at a technical college is not a reasonable vocational goal
that would significantly enhance his earning potential requiring the
insurer to approve his vocational plan, which was not approved by a vocational
counselor. Claimant has already had two years of schooling and failed
to diligently pursue the career for which he prepared; his motivation
and follow-up are questionable. |