WCAB End Voc Rehab

Weiner v. Ralph's Company (2009) 74 Cal. Comp. Cases ___:  The WCAB  en banc has determined that the repeal of Labor Code section 139.5 terminated any rights to vocational rehabilitation benefits.  The WCAB rejected the argument that a saving clause protected vocational rehabilitation rights in cases still pending on January 1, 2009.  The WCAB also rejected the contention that statutes that were repealed in 2003 continue to function as “ghost statutes."  The WCAB further rejected the argument that subject matter jurisdiction over non-vested and inchoate vocational rehabilitation claims can be conferred by waiver, estoppel, stipulation, or consent.

The WCAB held that effective January 1, 2009, it lost jurisdiction over non-vested and inchoate vocational rehabilitation claims.

The bottom line - no injured worker may pursue or receive any award of VR benefits unless a final order existed before January 1, 2009.

Undoubtedly a Petition for Writ of Review will be filed on behalf of applicants.  However, this decision is now binding on all WCAB District Offices.

 

Decision filed June 10, 2009.

 

To learn more about how we can help you with your case, please contact us today!

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