WCPanelIQ
PanelGranted

Haynes, Dexter

DEXTER HAYNES, Applicant vs. TRANSFORCE, INC.; RETURN-TO-WORK SUPPLEMENT PROGRAM (real party in interest), Defendants

ADJ number
ADJ16283940
Decision date
Feb 17, 2025
District office
Marina del Rey
WCJ
—
Claim administrator
—
Commissioners
—

Injury / body parts: right leg, right ankle, right foot

LC §139.48LC §5803LC §5900LC §5901LC §5907LC §5908LC §5908.5LC §5909LC §5950CCR §17302

Summary

Applicant Dexter Haynes sustained an industrial injury to his right leg, ankle, and foot while working for Transforce, Inc. on May 26, 2022, and the case settled by Compromise & Release, with applicant receiving a Supplemental Job Displacement Voucher. He applied for a second $5,000 Return-to-Work Supplement (RTWS), which was denied under Rule 17302(b) because his prior RTWS in a separate case (against J.B. Hunt) was received on August 15, 2022, after the May 26, 2022 injury date here. The WCJ found applicant not entitled to a second RTWS. Applicant sought reconsideration, arguing Rule 17302(b) is inconsistent with Labor Code section 139.48 and that both are unconstitutional due to improper delegation. The Appeals Board granted reconsideration to further consider whether Rule 17302(b) is authorized by and consistent with section 139.48, deferring a final decision on the merits.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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