Injured workers in need of rehabilitation had to seek aid outside the workers' compensation system through state and federally funded programs. Responding to the recommendation of the National Commission on State Workmen's Compensation Laws, the Legislature amended section 139. 5 (eff. Jan. 1, 1975) to make vocational rehabilitation at the expense of employers or their carriers a matter of right for qualified injured workers. The Attorney General rendered an opinion in 1975 that section 139. 5, as amended in 1974, applies only to employees in the private sector. The Workers' Compensation Appeals Board has likewise decided in this case that section 139. 5 covers both public and private employees.

Download full case here.