Employee’s Attendance Defeats Noncooperation Claim
By Deborah Elkins
Published: August 16, 2011
Tags: Judge Elizabeth A. McClanahan, Virginia Court of Appeals, Workers' Comp
The Court of Appeals affirms the commission decision rejecting employer’s application to terminate employee’s disability benefits for unjustifiable noncooperation with vocational rehabilitation; the court finds credible record evidence of cooperation, including employee’s attendance at most of his appointments with employer’s assigned vocational rehabilitation counselor.
Employee has a ninth grade education and bipolar disorder. He suffered ...
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