Lawrence Weiner

In this en banc order, the WCAB granted reconsideration to study the jurisdictional effect of the Legislature's repeal of Labor Code section 139.5 (vocational rehabilitation), effective January 1, 2009. The underlying decision awarded applicant Lawrence Weiner retroactive vocational rehabilitation maintenance allowance (VRMA) at his temporary disability rate for June 13, 2003 through March 7, 2005, based on his QIW status arising from a cumulative industrial injury to his right hip, cervical spine, and lumbar spine while a checker for Ralphs. Defendant argued the WCJ lacked jurisdiction to award VRMA after the repeal because vocational rehabilitation rights are wholly statutory and the repeal extinguished all pending non-final claims. This order does not decide the merits; rather, the Board, sitting en banc, invited amicus curiae briefs limited to the section 139.5 jurisdictional issues and set a briefing schedule. The Board reasoned that an en banc decision would obviate the need for separate consolidated trial-level proceedings on the same statewide issue.