Illinois workers conduct warrants denial of vocational rehabilitation
The Illinois Workers' Compensation Commission awarded medical, temporary total and permanent partial disability benefits, but denied vocational rehabilitation to a worker who injured his back and neck at work.
Hays v. Cal's Collision Center, 17ILWCLB 66 (Ill.W.C.Comm.2009).
On Jan 30, 2003, Hays, an auto body repair technician, injured hisn eck and back in a slip and fall accident at work. An MRI revealed diffuse cervical spondylosis with ostephytes and bulging disc, spinal stenosis and disc protrusion. He underwent surgery and physical therapy. In December 2005, Hays requested vocational rehabilitation, which the defendant denied. Hays then contacted the defendant seeking to return to work within his restrictions. Hays testified that he applied for a job as a car porter at several different car dealerships but did not receive a job offer. The Illinois Workers' Compensation Commission found that Hays was entitled to $75,965.25 in medical expenses and 65 weeks of temporary total disability, but denied Hays' request for vocational rehabilitation.
The Illinois Workers' Compensation Commission noted that Hays waited two years after reaching MMI to proceed to trial. In the interim, Hays had been off work and was receiving Social Security Disability income. Hays testified at the hearing that he believed he was incapable of sustaining gainful employment. Accordingly, the Commission was persuaded by Hays' conduct that vocational rehabiliation would be to no avail, notwithstanding that no physician opined that Hays was totally incapacitated from employment.
The Illinois Workers' Compensation Commission further found that the Hays' injuries caused him to be permanently disabiled to the extent of 45 percent loss of use of the person as a whole. Hays testified that he continues to have pain when he stands, walks or sits. He has trouble lcompleting household chores and must rest after minutes of activity.
