Voucher Case Law (California)

[mcohen@pulleycohen.com]

Employer's in-house claims consultant alleges there is case law that indicates if an IW returns to his/her regular occupation, there is no entitlement to a SJDB voucher but hasn't provided citation. Is claims consultant correct? If so, what case decision supports this? Thanks.

[jpod]

I don't think it is case law, it is the wording of the statute, which I believe says if the employee returns to U&C or is offerred a different job within 60 days of P&S that pays within 85% of pre-injury wage then there is no entitlement to a voucher.

[LawAdvocate]

It is a regulation....

§ 10133.34. Offer of Work for Injuries Occurring on or After January 1, 2013.
(a) This section shall apply to all injuries occurring on or after January 1, 2013.

(b) The injured employee shall be entitled to a supplemental job displacement benefit unless the employer makes an offer of regular, modified, or alternative work on Form [DWC-AD10133.35 “Notice of Offer of Regular, Modified, or Alternative Work For injuries occurring on or after 1/1/13” no later than 60 days after receipt of Form [DWC-AD 10133.36 “Physician’s Return-to-Work & Voucher Report”] that indicates the work capacities and activity restrictions that are relevant to regular work, modified work, or alternative work.

[50Cal20]

The employer's consultant is correct. In addition there are several little known rules pertaining to voucher entitlement. Here are three quick ones.
1. An employee is not entitled to a voucher where there is no lost time from work due to the injury.
2, No voucher entitlement if there is no PD.
3. No voucher entitlement if there is 100% PD.

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