In this issue..
Enoch v. WCAB (Summit
Logistics)
Vol. XII No. VIII
August 2006
COMPENSATION
NEWS
MONTHLY REPORT
Applicability of correct procedure in
rehabilitation decision
This is an
unpublished appeals
court decision
T
his newsletter does not
normally report on
unpublished decisions.
However, this case has some
significance.
In this case the applicant had
an admitted injury in 1996. The
applicant returned to work in
1997. The applicant continued to
work until the applicant resigned
in 2001.
A physician issued a report
saying the applicant was probably
a qualified injured worker after
the resignation.
The applicant notified the
employer that he wished to
receive vocational rehabilitation
benefits in 2002. He also filed a
cumulative trauma through the
last day of employment.
Not having heard from the
employer by 2004 the applicant
filed a Request for Dispute
Resolution. The employer did
not respond to the request.
The Rehabilitation Unit of the
Workers' Compensation Appeals
Board (WCAB) issued a decision
finding the applicant entitled to
rehabilitation and awarded
retroactive benefits at the "delay
rate".
The employer appealed.
However , the employer listed the
wrong case number, incorrectly
listing the cumulative trauma.
The applicant responded that
the appeal lacked merit because
the wrong case number was listed
and the employer did not serve
both the WCAB and the
Rehabilitation Unit. The
Workers' Compensation Judge
(WCJ) agreed that the appeal
was not properly filed.
On reconsideration the
WCAB reversed the WCJ and
stated a minor procedural error
does not prevent reconsideration.
The appellate court
concurred and indicated they
would not strictly apply technical
rules of procedure.
=================
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
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