Date: 10/22/2015

Summary:
(1) The “operative event” for the application of §217(8) (the voc rehab section providing presumption of 100% incapacity) is the filing of theApplication for Employment Rehabilitation, NOT the date of injury

(2) The §217(8) presumption of 100% incapacity is rebuttable by a  showing on the part of the employer that, on a more likely than not basis, work is available to an employee who is participating in a board-ordered rehabilitation plan.

Read the full text of Daniel Axelsen v. Interstate Brands Corp.