Ilg v. United Parcel Serv.
Annotate this CaseEmployee suffered an injury during the course of his employment. Employer agreed to voluntarily pay workers' compensation benefits, and the Workers Compensation Commission issued an award order approving the agreements between Employee and Employer. Employer then filed an application with the Commission seeking to suspend Employee's benefits under the order for unjustifiably refusing to participate in vocational rehabilitation. The Commission denied the application. The court of appeals reversed. At issue on appeal was whether Employee should be permitted to offer evidence that his refusal to accept vocational rehabilitation services was justified because of a disabling injury that arose out of the same industrial accident for which he was awarded benefits, but which was not expressly designated in the award as a compensable injury. The Supreme Court reversed, holding that the court of appeals erred in determining that Employee was precluded from asserting that his refusal of vocational rehabilitation was justified. Remanded for an evidentiary proceeding so Employee could show his refusal was justified in light of his disabling injury.
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