Richard Felton Fights to Preserve Vocational Rehabilitation Benefits
On April 14, 2009, the Workers' Compensation Appeals Board granted an appeal in the Weiner vs. Ralphs Grocery Company case that features the issue of whether the court has the jurisdiction to grant vocational rehabilitation benefits after the repeal of Labor Code section 139.5 which occurred on December 31, 2008. The court designated the decision as an en banc case meaning when the decision issues, it will be binding on all cases. There are still many injured workers who were injured prior to January 1, 2004, that claim a right to vocational rehabilitation benefits. This case will decide if that claim to benefits ended at the end of 2008, or if the benefits are to be provided even after the repeal of the law. Partner Richard Felton represents Mr. Weiner in this case. A decision is expected early this summer.
What replaced vocational rehabilitation
Vocational rehabilitation was eliminated for injuries on or after January 1, 2004 and replaced by the Supplemental Job Displacement Benefit, a voucher for retraining and skill enhancement. For injuries on or after January 1, 2013, Senate Bill 863 set that voucher at $6,000 for workers whose employer does not offer regular, modified or alternative work. Eligible workers may also qualify for a separate $5,000 Return-to-Work Supplement payment. Read more about SB 863 or our guide to returning to work after an injury.
