McCormack v. Sears, Roebuck & Co.

The employer, Sears, Roebuck & Co., appeals an order of the Workers’ Compensation Court granting permanent total disability benefits to claimant, Dwight McCormack, based on a condition set forth in Section 39-71-1005, MCA, that claimant successfully pursue a program of vocational rehabilitation.

The employer raises two issues concerning the disability rulings, and the third issue is a claim that claimant did not have a right to obtain vocational rehabilitation without first being evaluated by the Workers’ Compensation Division under Section 39-71-1005, MCA, even though the claimant had been…