Kurtenbach v. Frito-Lay

[¶ 35.] I dissent on Issue 1 as the majority’s conclusion is unsupported by the record, precedent, or logic. I would reach the merits on Issue 3 and determine that a claimant need not petition the Department prior to enrolling in a rehabilitation program. I agree that we should remand on Issue 2.

[¶ 36.] 1. THE AWARD OF REHABILITATION BENEFITS WAS NOT CLEARLY ERRONEOUS.

[¶ 37.] This case presents an unusual situation where an employee with little experience and limited education was able to earn almost $40,000. ' The Department held that Kurtenbach’s successful completion of the engineering…