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Case Name H.B. Fuller Co., etc. v. WCAB
Date 09/17/1998
Note Employer must clarify applicant's willingness to participate in rehab. if request conflicts with statements made by applicant; entitlement to maintenance allowance begins when employer receives application.
Citation 63 CCC 1287
WCC Citation WCC 27961998 CA
H. B. Fuller Company, American Motorists Insurance Company, Petitioners v. Workers' Compensation Appeals Board, Eric Weaver, Respondents. However, the parties disputed whether Applicant had made a good faith demand for vocational rehabilitation services. Defendants dispute this as not being a good faith request because, only a few days earlier, Applicant had indicated that he wanted voc. The WCJ recommended that the WCAB deny reconsideration, stating: 'In analyzing the testimony, it appeared that very shortly after being terminated with H. B. Fuller, Applicant was faced with a decision of whether he should pursue vocational rehabilitation. Applicant's main focus was eventually obtaining another position with H. B. Fuller because he wanted to continue his employment there.

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