Chekona Brown v. On Assignment/Lab Support
Vocational Rehabilitation—Repeal of Labor Code § 139.5—Reinstatement of Services—WCAB held that applicant/admitting clerk with 11/14/2000 and 11/9/2000 injuries to her left ankle, foot and back was entitled to vocational rehabilitation services from 3/6/2007, but not from 11/29/2006 as found by WCJ, when applicant's vocational rehabilitation rights were vested prior to 1/1/2009 as required under Weiner v. Ralph's Company (2009) 74 Cal. Comp. Cases 736 (Appeals Board en banc opinion) since 10/17/2008 decision upholding award of vocational rehabilitation benefits became final after time to appeal expired, applicant interrupted services and never requested reinstatement pursuant to defendant's instructions, and WCAB found that applicant's listing "Rehabilitation" as an issue on 11/29/2006 DOR did not sufficiently comply with former 8 Cal. Code Reg. § 10129 so as to constitute a request for services, and that applicant properly demanded vocational rehabilitation for first time after interruption on 3/6/2007. © Copyright 2010 LexisNexis. All rights reserved.
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