Order Approve C&R and Voucher (California) (California)

This category is meant for discussion of technical legal issues in workers' compensation. If you are an injured worker, do not ask questions here. Go to the Injured Workers' forum.

Order Approve C&R and Voucher (California) (California)

Postby laesquire on Wed Mar 25, 2009 9:02 am

Question:

Is there a case which requires the WCAB Judge to separately list on the Order Approving C&R that the parties are settling the supplemental job discplacement Voucher?

BACKGROUND:'
1. The parties initial the boxes saying Rehab is settled on the C&R.
2. The Order Approving C&R does NOT seperately state that Rehab is being settled.
3. I heard under this scenario rehab voucher is available, because the Order Approving did NOT list the parties were settling it even though initiated on the C&R.
laesquire
 
Posts: 58
Joined: Mon Mar 02, 2009 10:13 am

Re: Order Approve C&R and Voucher (California) (California)

Postby postscript2 on Wed Mar 25, 2009 2:02 pm

Did you use the 11/08 revised C&R? If so, the box checked includes the SJDV. I've not seen a separate Order from a Judge, unless the voucher is settled separately.

Good luck-I think someone is pulling your leg!

P.S. It's always a good idea to state somewhere on the C&R the exact amount that you are delegating to the voucher for settlement, i.e. $4k, 6k, 8k, etc.

Now on the other hand, I once took over a case where the D/A did not initial the box and I had to pay for the voucher (OUCH)!!!

LCS ;)
User avatar
postscript2
 
Posts: 247
Joined: Wed Mar 04, 2009 2:49 pm

Re: Order Approve C&R and Voucher (California) (California)

Postby jakelast@aol.com on Wed Mar 25, 2009 8:43 pm

Paragraph 5 of the C & R appears to require a specific finding by a WCJ regarding settlment of either VR or SJDB
"Unless otherwise expressly ordered by the Workers' Compensation Appeals Board or a workers' compensation administrative law judge, approval of this agreement does not release any claim applicant may have for vocational rehabilitation benefits or supplemental job displacement benefits."

However as a SJDB is only due after an award of PD, and an order approving a C & R is not an award of PD, the ability to enforce entitlement to the SJDB would appear to be compromised by a C & R absent specific provision for its survival of a C & R. Frankly, while this language is supported by statutory language for VR, there is no real basis in either the statutory language or the Rules and Regulations to compel a separate finding by a WCJ for the SJDB to be settled.
Jake Jacobsmeyer
Shaw, Jacobsmeyer, Crain & Claffey
User avatar
jakelast@aol.com
 
Posts: 89
Joined: Sun Mar 08, 2009 2:12 pm

Re: Order Approve C&R and Voucher (California) (California)

Postby vampireinthenight on Fri Mar 27, 2009 8:12 am

I think you are OK if you both initialled the benefits in paragraph 9. If they really want to press the issue, seek an amended order. Or, give them the option of paying back the entire C&R and invalidate it (if you are prepared to do that). I think a party is hard-pressed to state that the initials are meaningless. You have at the least detrimentally relied on some kind of false asseertion that the parties were settling the benefit.
User avatar
vampireinthenight
 
Posts: 1128
Joined: Wed Mar 11, 2009 7:53 am

Re: Order Approve C&R and Voucher (California) (California)

Postby laesquire on Sun Mar 29, 2009 1:54 pm

Thank you.
laesquire
 
Posts: 58
Joined: Mon Mar 02, 2009 10:13 am


Return to Legal

Who is online

Users browsing this forum: No registered users and 1 guest