Chenita Watson — ADJ10912062, ADJ18229865, ADJ15464731, ADJ182298651

Applicant Chenita Watson sought reconsideration of a WCJ's Joint Findings of Fact holding that her SJDB voucher entitlement for an April 13, 2017 injury was barred by Rule 10133.31(c). The WCAB granted reconsideration, holding that Rule 10133.31(c)—which deems an employee who lost no time or returned to the same job to have been offered and accepted regular work—does not by itself absolve an employer of voucher liability unless both timing requirements of Labor Code section 4658.7(b) are met: an offer made within 60 days of receipt of the P&S report and employment lasting at least 12 months. For the 2017 injury, applicant returned to work on December 19, 2019, more than 60 days after the July 17, 2019 P&S date, so the employer was not absolved and applicant was entitled to the voucher. For the October 26, 2021 injury, applicant returned to work before her P&S dates, satisfying both timing requirements, so no voucher was owed. The Board amended the findings accordingly.