Opinion
Record No. 1276-92-1
May 25, 1993
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
Lawrence A. Dunn (William L. Dudley, Jr.; Knight, Dudley, Dezern Clarke, on briefs), for appellants.
James T. Martin (Moody, Strople Kloeppel, on brief), for appellee.
Present: Judges Baker, Barrow and Benton.
Argued at Norfolk, Virginia.
Pursuant to Code § 17-116.010 this opinion is not designated for publication.
This appeal from the Workers' Compensation Commission challenges the commission's finding that an employee's tuition costs for an educational program in electronics was a reasonable and necessary vocational rehabilitation service, the cost of which must be paid by the employer. See Code § 65.2-603. For the reasons stated in the opinions of the commission and its deputy commissioner, we hold that the cost of the program was a reasonable and necessary vocational rehabilitation service.
We also hold that the employee was not required to obtain prior approval of the commission before undertaking the educational program. Although a party may seek prior approval of vocational rehabilitation services, such approval is not required. Code § 65.2-603(A)(3).
We affirm the commission's decision ordering the employer's insurer to reimburse the employee for the costs he has incurred for the education program.
Affirmed.