Anthony Dennis

Anthony Dennis, an inmate laborer for CDCR, sustained an industrial injury to his right wrist on October 29, 2013. After his workers' compensation claim was resolved by Stipulations (excluding the SJDB voucher issue), defendant sent a Notice of Offer of Regular, Modified, or Alternative Work that simultaneously stated applicant was 'no longer available for employment' due to his release from prison. Applicant sought a SJDB voucher; the WCJ initially found his appeal of the Administrative Director's deemed denial untimely under AD Rule 10133.54(g). On reconsideration en banc, the WCAB held that AD Rule 10133.54 is invalid because it exceeds the AD's statutory authority and usurps the WCAB's exclusive adjudicatory jurisdiction, and that an employer must make a bona fide offer of work to avoid SJDB liability. The Board affirmed its prior decision awarding applicant the SJDB voucher.