LAWRENCE WEINER, Applicant vs. RALPHS COMPANY, Permissibly Self-Insured; and SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. (Adjusting Agent), Defendant(s).
ADJ number
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Decision date
Date unavailable
District office
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WCJ
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Claim administrator
Sedgwick Claims Management Services, Inc. (adjusting agent for Ralphs Grocery Company, permissibly self-insured)
Commissioners
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Injury / body parts: right hip, cervical spine, lumbar spine
In this en banc decision, the WCAB addressed the effect of the Legislature's repeal of Labor Code section 139.5, effective January 1, 2009, on injured workers' vocational rehabilitation rights. Applicant Lawrence Weiner sustained cumulative industrial injury and sought retroactive vocational rehabilitation maintenance allowance (VRMA) at his temporary disability rate for the period June 13, 2003 through March 7, 2005. The Rehabilitation Unit and the WCJ awarded the retroactive VRMA, but the WCJ's award issued January 13, 2009, after section 139.5 was repealed. The Board held that because Weiner's right to VRMA had not vested through a final order before January 1, 2009, the repeal extinguished his inchoate right. The Board rescinded the WCJ's award, granted defendant's vocational rehabilitation appeal, and vacated the Rehabilitation Unit's determination.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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