Gerber v. Can-USA Construction, Inc.

We granted certiorari to review the court of appeals’ decision in Can-USA v. Gerber, 767 P.2d 765 (Colo.App.1989). The court of appeals held that Richard Gerber, a worker who sustained an industrial injury prior to July 1, 1987, and who was ordered to undergo a vocational rehabilitation evaluation subsequent to his attaining maximum medical improvement, was not entitled to temporary total disability benefits for the period of time following maximum medical improvement but prior to the worker’s actual commencement of a vocational rehabilitation program. On the basis of our decision announced…