Dennis Anthony

Applicant Anthony Dennis, an inmate laborer for CDCR, sustained an industrial injury to his right wrist on October 29, 2013. After resolving his claim by Stipulations, he sought a Supplemental Job Displacement Benefit (SJDB) voucher. Defendant SCIF sent a return-to-work offer that simultaneously stated applicant was 'no longer available for employment' due to his release from prison. The WCAB en banc issued a Notice of Intention to affirm its prior July 31, 2018 decision, holding that AD Rule 10133.54 is invalid because it exceeds the Administrative Director's statutory authority and improperly restricts the WCAB's exclusive adjudicatory jurisdiction, and that an employer must make a bona fide offer of regular, modified, or alternative work to avoid SJDB voucher liability. The Board concluded applicant was entitled to a SJDB voucher because defendant could not and did not make a bona fide offer.