WCPanelIQ
PanelDenied

Lucia Vidales — ADJ12895510

LUCIA VIDALES, Applicant vs. HACIENDA FARM SERVICES, INC.; STAR INSURANCE COMPANY, administered by MEADOWBROOK INSURANCE GROUP, Defendants

ADJ number
ADJ12895510
Decision date
Oct 14, 2021
District office
Salinas
WCJ
—
Claim administrator
Star Insurance Company, administered by Meadowbrook Insurance Group
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left wrist

LC §5814LC §4658.7LC §5814.5CCR §10133.31CCR §10112.2

Summary

The WCAB affirmed a decision awarding applicant $1,000 reimbursement for computer equipment under her Supplemental Job Displacement Benefit (SJDB) voucher, plus a $250 penalty under Labor Code section 5814 (25% of the delayed payment). Applicant sustained a left wrist injury while working as a general laborer and settled her claim via a July 2020 Compromise and Release that required defendant to issue the SJDB voucher within 30 days. Defendant issued the voucher in August 2020 but refused reimbursement when applicant submitted her computer purchase receipt in September 2020, arguing applicant was not enrolled in vocational training. The Board held that Labor Code section 4658.7(e)(5) allows injured workers to choose to apply their voucher to computer equipment purchases up to $1,000 without requiring enrollment in a specific training program, and that defendant's refusal constituted unreasonable delay warranting penalties.

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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