Isabel Sallago — ADJ9427922

Applicant Isabel Sallago suffered an industrial right shoulder injury on October 25, 2013 while working as a bulk folder for Cintas and was awarded 20% permanent disability. The WCJ found that Rule 10133.31(c) applied because applicant returned to the same job for the same employer, deeming her to have been offered and accepted regular work, and thus denied her entitlement to a Supplemental Job Displacement Benefit (SJDB) voucher. On reconsideration, the Appeals Board disagreed, finding the evidence did not establish that applicant lost no time from work (she was off for surgery March-August 2015) or returned to the same job, and that the employer bore the burden of proof and made no actual work offer. The Board amended the findings to hold applicant entitled to a SJDB voucher, deferred the attorney's fee issue, and returned the matter to the trial level. The decision also addressed timeliness under section 5909, applying the Shipley tolling doctrine because the Board did not receive notice of the petition until after the 60-day deadline.