Oscar Martinez — ADJ10887310

Applicant Oscar Martinez sustained an industrial injury on May 3, 2017, resulting in 3% permanent disability to the lower extremity. He returned to his regular job with employer Securita America, Inc. but worked only approximately five months before being laid off when the employer's MTA security contract ended; he then continued the same job at the same location for a new security company. The WCJ found applicant not entitled to a Supplemental Job Displacement Benefit (SJDB) voucher, but applicant sought reconsideration. The Board reversed, holding that because applicant did not work for the same employer for at least 12 months and the subsequent employment was with a different employer, the employer could not be deemed to have offered qualifying regular work under Rule 10133.31(c). The Board amended the Finding and Order to find applicant entitled to a SJDB voucher.