Gibson, Gary

Applicant Gary Gibson sustained industrial hearing loss resulting in permanent partial disability, but was laid off before filing his latent injury claim and therefore lost no time from work during litigation. The WCJ awarded a Supplemental Job Displacement Benefit (SJDB) voucher, and defendants sought reconsideration arguing that under Rule 10133.31(c), applicant was deemed to have been offered and accepted regular work because he missed no time, making him ineligible for a voucher under Labor Code section 4658.7. The WCAB adopted and incorporated the WCJ's Report, finding that Rule 10133.31(c) presumes applicant was actually working for the employer during litigation and does not apply where applicant lost no time only because he was laid off years before filing a latent claim. Relying on Dennis v. State of California, the Board reasoned that absent a bona fide offer of regular, modified, or alternative work, a voucher is due regardless of the employer's ability to make such an offer. Reconsideration was denied.