“A SJDB voucher pays for a range of education-related retraining, skill enhancement, and/or vocational expenses at the injured worker’s option to equip them to re-enter the workforce. (§ 4658.7(e).)”
(Dennis v. State of California (2020) ADJ9346293, 85 Cal.Comp.Cases 389 (Appeals Bd. en banc), at p. 2, fn. 7.)
“Both sections 4658.5 and 4658.7 provide that an injured employee who sustains permanent partial disability is entitled to a SJDB voucher. (§§ 4658.5 and 4658.7.) Both statutes provide an exemption to a SJDB voucher when the employer makes an offer of regular, modified, or alternative work that meets certain specified criteria. (§§ 4658.6 and 4658.7(b).) Depending on the year of the injury and, in some instances, on the level of the permanent disability award, a SJDB voucher is redeemable up to $10,000, to pay for a range of retraining or vocational expenses at the injured employee’s option. (§§ 4658.5 and 4658.7.)”
(Dennis, supra, at p. 10.)
“Section 4658.5 applies to injuries occurring on or after January 1, 2004, and before January 1, 2013. (§ 4658.5(a).) Section 4658.7 applies to injuries occurring on or after January 1, 2013. (§ 4658.7(a).)”
(Dennis, supra, at p. 10.)
“(c) . . . The administrative director shall adopt regulations governing the form of payment, direct reimbursement to the injured employee upon presentation to the employer of appropriate documentation and receipts, and other matters necessary to the proper administration of the supplemental job displacement benefit.”
(Lab. Code, § 4658.5(c), as quoted in Dennis, supra, at p. 10.)
“The administrative director shall adopt regulations for the administration of this section, including, but not limited to, both of the following: (1) The time, manner, and content of notices of rights under this section. (2) The form of a mandatory attachment to a medical report to be forwarded to the employer pursuant to paragraph (1) of subdivision (b) for the purpose of fully informing the employer of work capacities and of activity restrictions resulting from the injury that are relevant to potential regular work, modified work, or alternative work. (§ 4658.7(h).)”
(Lab. Code, § 4658.7(h), as quoted in Dennis, supra, at p. 10.)
“Section 3370 provides that inmates are entitled to workers’ compensation benefits and sets forth the requirements for compensation. Section 3370(e) states in pertinent part that, “Notwithstanding any other provision of this division, an employee who is an inmate, as defined in subdivision (e) of Section 3351 who is eligible for vocational rehabilitation services as defined in Section 4635 shall only be eligible for direct placement services.” (§ 3370(e).)”
(Dennis, supra, quoting Lab. Code, § 3370(e), at p. 17.)
“In 2004, Senate Bill 899 (SB 899) terminated vocational rehabilitation benefits as of January 1, 2009. (Weiner v. Ralphs Co. (2009) 74 Cal.Comp.Cases 736, 742 (Appeals Board en banc).) We note, however, that the Legislature did not amend section 3370 to preclude or limit provision of a SJDB voucher to inmates.”
(Dennis, supra, citing Weiner v. Ralphs Co. (2009) 74 Cal.Comp.Cases 736, 742 (Appeals Bd. en banc), at p. 17.)
“Hence, inmates, like other injured workers, are equally eligible for SJDB vouchers under the statute.”
(Dennis, supra, at p. 17.)
Cross-references: § 15.2 (the bona fide offer); § 15.3 (SJDB disputes); § 2.1 (compensation includes the voucher).
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