Mina, Amelia

Applicant Amelia Mina suffered two separate industrial injuries (2018 and 2020), each resolved by Compromise and Release with separate SJDB vouchers issued. After receiving a $5,000 RTWSP payment in connection with the 2018 claim on November 17, 2021, she sought a second RTWSP payment for the 2020 claim, which was denied under Rule 17302(b) because her later injury occurred before she received payment from the RTWSP on the earlier claim. The WCJ upheld the Director's ineligibility determination, and applicant sought reconsideration, challenging Rule 17302(b) as inconsistent with its authorizing statute and unconstitutional. The Board confirmed it had jurisdiction to hear the appeal beyond the WCAB trial level but declined to address whether it could invalidate the regulation, holding that because Rule 17302(b) is governed by the Administrative Procedures Act, applicant's remedy to challenge the regulation's validity lies in Superior Court under Government Code section 11350. The Board affirmed the October 3, 2022 Findings and Order denying the second RTWSP payment.