What Is a Rogers Waiver?
 
The workers' compensation case of Rogers vs. W.C.A.B. was a case which held that
injuries occurring during vocational rehabilitation are compensable consequences
of the original workers' compensation injury and therefore the employer and
insurance company are liable to pay all benefits for an injury occurring during
vocational rehabilitation just as though it had happened on the job. What this
means is that if you are injured in any way during any part of your vocational
rehabilitation case, you can apply for workers' compensation benefits just as
though it were a new injury that happened on the job. Therefore, if you are
killed in an automobile accident while on your way to attend a job interview as
part of your vocational rehabilitation, your family would be entitled to death
benefits. If there is an earthquake at your school during vocational
rehabilitation and you are left paraplegic, the insurance company will have to
take care of you for life and pay you benefits.
This is a very valuable insurance coverage to have while you are in vocational
rehabilitation. If you settle your workers' compensation case by Compromise and
Release before you are finished with vocational rehabilitation, the insurance
company will require that the settlement include a waiver of your rights under
the Rogers case to re-open your workers' compensation case if you are injured in
vocational rehabilitation.
Your attorney recommends that you do not settle your workers' compensation case
by Compromise and Release until you have completed vocational rehabilitation. If
your case is settled by a Stipulated Finding and Award which leaves open the
medical care and pays your award over time then you will still be able to reopen
your case. If you want to settle by Compromise and Release and receive a lump
sum settlement then your attorney recommends that you wait until vocational
rehabilitation is finished.
However, some clients prefer to take the risk and settle their case by
Compromise and Release prior to completion of vocational rehabilitation. If you
have read and understood this description of a Rogers waiver and you still want
to settle your case before you are finished with vocational rehabilitation,
please sign below and return this form to the attorney.
I understand the consequences of a "Rogers waiver," which is that I will not be
able to reopen my case if I am injured during vocational rehabilitation,
however, I still want to settle my case by Compromise and Release before I have
finished vocational rehabilitation.
DATE: SIGNATURE:
© Robert S. Havens, 2005
This article is for general information, and not meant as
specific legal advice. You should always see an attorney for specific legal
questions.
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