Employee Refusal to Cooperate the Rehabilitation Process
In Seeley v. Workers' Comp. Appeals Bd. (1988) 53 Cal.Comp.Cases 198, an employee declined and refused rehabilitation services following an injury.
The employer requested the case be closed since the employee had refused to cooperate in the rehabilitation process.
The bureau suspended rehabilitation services and ordered the case closed. (Ibid.)
More than five years after the injury, the employee requested rehabilitation. the WCAB found the employee's request barred by the five-year limitations period in Labor Code section 5410.
The Workers' Compensation Appeals Board also found no reservation of jurisdiction over further rehabilitation, stating "an action of this nature was only taken when an applicant's health, physical condition, or some personal problem necessitates it and not when the rehabilitation process fails because of an applicant's lack of cooperation." (53 Cal.Comp.Cases at p. 199.)
The appellate court denied the employee's writ. (Ibid.)