If the rehabilitation provider does a hypothetical Labor Market Survey (LMS), they are not to perform vocational rehabilitation services on that same case. If a provider involved in the rehabilitation process, under § 35(d)5, a Labor Market can be done to support the stated rehabilitation job goal, but not to support an earning capacity. The statute does offer limited protection to the employee provided the labor market survey is attached to the IWRP and is used exclusively to justify the stated vocational goal set forth in the IWRP.

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