An Employee Who Attempts to Impose Conditions on a Vocational Counselor Before Accepting Vocational Services May Have Benefits Reduced by 50% for Refusing to Cooperate in Vocational Rehabilitation

On February 6, 2019, the Louisiana Third Circuit Court of Appeal affirmed the reduction of an employee’s benefits by 50% when the employee refused to meet with a vocational counselor until the counselor agreed in writing to conditions demanded by the employee. Nero v. Allied Waste Services, 15-501 (La. App. 3 Cir. 2/6/19). La. R.S. 23:1226 (B)(3)(c) provides for a reduction of benefits by 50% for each week that an employee refuses vocational rehabilitation services. In Hargrave v. State, 12-341 (La. 10/16/12), 100 So.2d 786, the Louisiana Supreme Court held that a vocational counselor is not required to agree to conditions demanded by the employee before providing rehabilitation services. In light of Hargrave, an employee who refuses to meet with a vocational counselor unless the vocational counselor agrees to conditions dictated by the employee has refused rehabilitation services and, therefore, is subject to a reduction of benefits by 50% for the duration of the refusal.