Haynes, Dexter

Applicant Dexter Haynes sustained an industrial injury to his right leg, ankle, and foot while working for Transforce, Inc. on 05/26/2022, settled by C&R, and received a Supplemental Job Displacement Voucher. He applied for a $5,000 Return-to-Work Supplement (RTWS) but was denied under CCR section 17302(b) because he had already received an RTWS in a prior case (D. Haynes v. J.B. Hunt) issued 08/15/2022, and the Transforce injury occurred before that receipt. Applicant sought reconsideration arguing Rule 17302(b) is inconsistent with Labor Code section 139.48 and unconstitutional. The Appeals Board found it had jurisdiction to review the Director's RTWS determination but declined to invalidate the regulation, holding that challenges to the validity of Rule 17302(b)—which is governed by the APA—must be pursued via declaratory relief in Superior Court under Government Code section 11350. The Board affirmed the WCJ's Findings and Order denying the second RTWS payment.