WCPanelIQ
PanelDenied

Andres Gomez — ADJ504245, ADJ1796774

ANDRES GOMEZ, Applicant vs. THE VONS COMPANIES, INC., permissibly self-insured, Defendants

ADJ number
ADJ504245, ADJ1796774
Decision date
Nov 27, 2022
District office
Marina del Rey
WCJ
Jacqueline A. Walker
Claim administrator
The Vons Companies, Inc. (permissibly self-insured; administered by Sedgwick)
Commissioners
—

Injury / body parts: low back, hernia, psyche, right foot, right ankle

LC §4658.5LC §3202CCR §10133.60CCR §10116.9CCR §10133.31

Summary

Applicant Andres Gomez received two Supplemental Job Displacement Benefit (SJDB) vouchers totaling $12,000, issued July 17, 2017, for injuries dated January 29, 2007 and March 3, 2007. He used the vouchers to attend the Welding Certification Center (Londo Welding) but did not complete the full program, leaving $3,163.82 in unused funds that the school returned to the defendant on December 31, 2020. Applicant sought to use the unused funds at a different (truck driving) school. The WCJ found, and the Board affirmed, that under Labor Code section 4658.5(d) the vouchers expired two years after issuance (July 17, 2019), and that even with an eight-month equitable tolling for defendant's payment delay (extending expiration to March 17, 2020), the funds were returned after expiration. The Board denied reconsideration, holding that applicant was not entitled to payment or reimbursement of expenses not incurred and submitted before the expiration date.

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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