Zenaida Garcia — ADJ11297130

Applicant Zenaida Garcia, a housekeeper, claimed injury to her left upper extremity. Her claim was settled by C&R, but the issue of entitlement to a Supplemental Job Displacement Benefit (SJD) voucher was specifically excluded (and could not be settled under Labor Code section 4658.7(g)). The treating chiropractor submitted a Physician's Return-to-Work & Voucher Report stating applicant was permanent and stationary with permanent partial disability and work restrictions, but no separate P&S report was provided. The WCJ found applicant failed to meet her burden of proof for the voucher; the Appeals Board, after granting reconsideration, rescinded the F&O. The Board held that the Voucher Report alone provided all information necessary to establish entitlement and that requiring a separate P&S report would elevate form over substance, contrary to the intent of SB 863. The Board awarded applicant a $6,000 SJD voucher.