WCAB Invites Briefs on VR Issue

Weiner v. Ralphs Company (2009) 74 Cal. Comp. Cases ____ (en banc):

On April 14, 2009 the WCAB issued an Order Allowing Amicus Briefs (En Banc) on the jurisdictional issues relating to the Legislature’s repeal of section 139.5.  Specifically, the WCAB is inviting any interested party to file a brief on the issue of whether the repeal of Labor Code section 139.5 (vocational rehabilitation) by SB 899 deprives injured workers of any right to any vocational rehabilitation benefits not awarded before January 1, 2009.  The question has been lingering for 5 years but is only now ripe for adjudication.

Any interested person or entity has until 5pm on Monday, May 11, 2009 to file an amicus curiae brief.  Such amicus briefs shall concurrently be served on both counsel in the Weiner case.  Then, each counsel in the Weiner case shall have until 5pm on Monday, June 1, 2009 to file a single consolidated reply brief that responds to all of the amicus briefs. Click here for copies of defendant’s petition for reconsideration and applicant’s answer.

This action by the WCAB renders the Court Administrator’s efforts to consolidate VR cases moot.  It also represents an conscious effort by the WCAB to decide this issue quickly and cost effectively.  The en banc decision when issued will control all WCAB District Offices.  Although undoubtedly the losing side will file a Petition for Writ of Review to the Courts of Appeal, this action by the WCAB should streamline the final adjudication.

 

Opinion filed April 14, 2009

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