Compensation Judge (WCJ)
agreed with the rehabilitation
unit. They appealed on the
grounds that Labor Code section
4646, subdivision (b), indicates
that you can settle vocational
rehabilitation for a lump sum for
up to $10,000. A petition for
reconsideration was filed by both
parties.
stating that section 4646 only
applies to injuries after January
1, 2003.The parties appealed.
prospective or retroactive. They
looked at statutory construction
to make the statute reasonable.
retroactively depended on
whether the statute was
procedural statute may be
applied to pending cases even if
the event occurred before the
statute took effect. The court
decided vocational rehabilitation
could be settled in this case.
reasoning of the court to the
treating doctor's presumption.
The wording of Labor Code
section 4062.9 was changed
recently. It is the editor's opinion
that the treating doctors
presumption no longer applies.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 VonKarman
#470. Irvine, Ca 92612
hrown@sgvblaw. com
cumulative trauma. The parties
entered into a Compromise and
Release that was approved by the
Workers' Compensation Appeals
Board (WCAB). The agreement
did not settle vocational
rehabilitation.
vocational rehabilitation. The
Rehabilitation unit rejected the
stipulation on the ground that
you could not settle rehabilitation
on an admitted injury.
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