Lawrence Weiner

Applicant Lawrence Weiner sustained a cumulative injury (1967 through September 30, 2002) and sought retroactive vocational rehabilitation maintenance allowance (VRMA). The WCJ awarded VRMA at the TD rate from June 13, 2003 through March 7, 2005, but the Appeals Board en banc (Weiner I) rescinded that award, holding the WCAB lost jurisdiction over non-vested vocational rehabilitation claims after the January 1, 2009 repeal of Labor Code section 139.5. On reconsideration, applicant argued he was at least entitled to VRMA at the non-delay rate for an undisputed period (from his July 12, 2004 second request supported by a QIW report through March 8, 2005). The Board denied reconsideration, holding that even an indisputably-owed VRMA did not vest because applicant never obtained a final order or award before January 1, 2009, and a statutory right falls with repeal of the statute unless vested.