A-12-0435, Yasiel Isaac Hernandez v. JBS USA, L.L.C.  (Appellant)

Workers’ Compensation Court 

Attorney for Appellant:  Abigail A. Wenninghoff (Larson, Kuper & Wenninghoff P.C., L.L.O.)

Attorney for Appellee:  Lee S. Loudon, Ami M. Huff (Law Office of Lee S. Loudon, PC, LLO)

Action:  Workers’ Compensation

Action Taken by Trial Court:  The trial court awarded Hernandez workers’ compensation benefits and a vocational rehabilitation evaluation. The court reduced Hernandez’s workers’ compensation benefits by the amount he was receiving contemporaneously in unemployment benefits.

Assignments of Error on Appeal:  JBS USA, LLC alleges that the trial court erred in 1) awarding a vocational rehabilitation  evaluation despite finding that Hernandez was not at MMI and  2) failing to find that Hernandez was prohibited from receiving disability benefits because he voluntarily left his job.

Cross-Appeal: Hernandez alleges on cross-appeal that the trial court erred in reducing his disability benefits due to his receipt of contemporaneous unemployment benefits.