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The court ordered the plaintiff to attend a vocational assessment, finding it relevant to future earning capacity and fair trial preparation under Rule 7-6.
Judicial review of two Workers' Compensation Board decisions was dismissed. The court upheld the paralegal rehabilitation plan and the termination of job search benefits.
The court set aside WCAT’s decision on Amos’s benefits, finding it patently unreasonable for failing to apply Policy 40.12 and for relying on unsupported modification assumptions.
The court dismissed a claim for continuing disability benefits, holding the plaintiff was not totally disabled from suitable employment after the statutory period.
The Court held that the Tribunal erred in jurisdiction by refusing to apply current Act Board policies to s.228 transitional cases when those policies, by their terms and lawfully applied, do not take away vested rights preserved by s.228; the Tribunal nonetheless had jurisdiction to order vocational rehabilitation where the issue was properly before it; the Tribunal's apportionment decision under s.9(2) was not patently unreasonable and the cross-appeal fails. The matter is remitted to the Tribunal to reconsider entitlement and quantification in light of applicable policies that do not impai…
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