WCAB Denies Recon on Weiner 

Voc. Rehab is STILL dead.
 
Weiner v. Ralph's Company (2009) 74 Cal. Comp. Cases   :  The WCAB denied Applicant’s Petition for Reconsideration of its prior en banc decision.  This decision is far more consistent with the WCAB’s standard procedure than its recent grants of Reconsideration of its en banc decisions in Pendergrass, Baglione, Almaraz, Guzman and Ogilvie.

Its now on to the Court of Appeal.  However, it is unclear whether the Weiner case will be the first decided.  The Second District Court of Appeal has already granted a writ in the case of Beverly Hilton Hotel v. Workers' Compensation Appeals Board on the issue of the continued right to vocational rehabilitation after January 1, 2009.  Oral Argument took place on August 4, 2009.  The Court’s opinion will be issued by November 2, 2009.

Stay tuned.

Opinion filed August 17, 2009.

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