An Appellate Court Has Disallowed Vocational Rehabilition That Was Awarded By The WCAB

• Posted By: Harvey Brown
• September 1, 2009

This a very significant case for workers’ compensation principles.

The applicant claimed a cumulative trauma and a specific injury. The Workers’ Compensation Judge (WCJ) found both injuries compensable in 2003.

In 2004 the applicant requested vocational rehabilitation. The employer denied the request and no services were offered.

The applicant filed with for benefits with the Rehabilitation Unit. The Rehabilitation Unit eventually awarded the applicant rehabilitation benefits in 2006.

The employer appealed and at trial the WCJ issued a decision indicating the applicant was entitled to vocational rehabilitation in 2008. The employer filed a petition for reconsideration. The Workers’ Compensation Appeals Board (WCAB) denied the petition in October 2008 and affirmed the WCJ award of January 2008.

None of the parties raised the issue of whether Labor Code section 139.5 was repealed until this appeal. This appeal was filed after January 1, 2009. The appellate court ruled the applicant was not entitled to vocational rehabilitation because the decision was not final before this appeal was decided.

Case: BEVERLY HILTON HOTEL V. WCAB (SAMSON)
This is a published decision of the appellate court.

• Posted In: Work Injury