(California)

Injured Workers - ask your questions about return to work, the vocational rehabilitation process and options here!

(California)

Postby injuredgal on Sun Sep 27, 2009 11:23 am

My specific was in February 2001. My attorney tried to get me in to VR two months after my injury so he could collect his 10% of my VR checks. I was no where near ready to return to work or even learn a new profession. The head of VR approached me and said, "why are you in here...what is wrong with your attorney?" So, I was taken out and put back on TD which I collected for a long time then it went to PD. Now I have received the Findings and Award, got 100% disability, received two very large checks for back payment, and am about to go on lifetime pension checks biweekly.

Nothing was mentioned about a VR buyout at my trial. Does anyone know how Pre2004 applicants came out on that recent court hearing? I could probably find it if it is vague to everyone. Just going by memory.

But, if someone never participates in VR are they entitled to any type of VR buyout?
injuredgal
 
Posts: 66
Joined: Fri May 01, 2009 11:43 pm

Re: (California)

Postby injuredgal on Sun Sep 27, 2009 1:16 pm

I found it. Below is the court proceedings I was referring to:

"Reform legislation enacted by SB899 replaced vocational rehabilitation with the Supplemental Job Displacement Benefit for claims involving injuries on or after January 1, 2004, and set a January 1, 2009 sunset date for the vocational rehabilitation statute Labor Code §139.5. Late last year, when the sunset date for vocational rehabilitation was rapidly approaching, the WCAB District Office in Los Angeles began to receive a deluge of requests for expedited hearings on vocational rehabilitation issues for pre-2004 injury claims. These requests were being received at the same time that the Electronic Adjudication Management System (EAMS) was being implemented. This created a massive scheduling problem. Several thousand cases involving vocational rehabilitation issues were not heard before the January 1, 2009 sunset date."
"Associate chief judge for the southern region, Mark Kahn, proposed a statewide stay order on vocational rehabilitation issues. Judge Kahn will conduct a hearing on March 27 at 9:30 a.m. at the Ronald Reagan Building Auditorium, 300 South Spring Street, Los Angeles, to determine whether California workers’ comp cases involving the common issue of the effect of the repeal of Labor Code Section 139.5 on an injured worker’s entitlement to vocational rehabilitation benefits and services for injuries occurring prior to January 1, 2004, should be consolidated for hearing; whether all or a limited number of such cases should be consolidated; and, assuming consolidation is so ordered, whether an order should issue staying action on all other cases statewide in which the common issue of the effect of repeal of Labor Code Section 139.5 is presented pending a final determination on the consolidated matter.
injuredgal
 
Posts: 66
Joined: Fri May 01, 2009 11:43 pm

Re: (California)

Postby stevepsca on Mon Sep 28, 2009 3:33 am

Associate chief judge for the southern region, Mark Kahn, proposed a statewide stay order on vocational rehabilitation issues. Judge Kahn will conduct a hearing on March 27 at 9:30 a.m. at the Ronald Reagan Building Auditorium,
Do you have a date that was published... March 27....2009 or is this up coming in 2010 ?

At any rate... there was a challenge to the changes of SB899 and claim pre Jan 1/2009 where VR was not resolved.
The case Weiner v. Ralphs Company/Sedgwick Clims Mgt Svc/TPA found IW's have no vested rights to VR. IF there was no award prior to the Jan 1st cut off date... there would be no VR provided. The case/decision is here http://www.dir.ca.gov/wcab/EnBancdecisi ... 347040.pdf
stevepsca
 
Posts: 655
Joined: Mon Mar 09, 2009 11:50 am


Return to Return to Work & Vocational Rehabilitation

Who is online

Users browsing this forum: No registered users and 1 guest