WCPanelIQ
PanelQMEMed-legalGranted

Manser, Noureddine

NOUREDDINE MANSER, Applicant vs. RETURN-TO-WORK SUPPLEMENT PROGRAM, Defendants

ADJ number
ADJ10813026
Decision date
Jan 25, 2024
District office
San Francisco
WCJ
—
Claim administrator
Barrett Business Services (employer); RTWSP administered by Director of Industrial Relations
Commissioners
—

Injury / body parts: head, neck, back, upper extremities, bilateral knees, lower extremities

LC §139.48LC §62.5LC §5309LC §5310LC §5701LC §5803LC §5804LC §5900LC §5901LC §5907LC §5908LC §5908.5LC §5950LC §4610LC §4610.6LC §3715LC §4603.6CCR §17302CCR §17309

Summary

Applicant Noureddine Manser sustained a specific injury on March 19, 2017 while working as a taxi driver, and a separate injury on September 17, 2020. He received a Return-to-Work Supplement Program (RTWSP) benefit for the 2020 injury before receiving a Supplemental Job Displacement Benefit Voucher (issued January 30, 2023) for the earlier 2017 injury. When he applied for a second RTWSP benefit for the 2017 injury, the Director denied it under Rule 17302(b), which bars a second supplement except where a voucher is received for an injury occurring subsequent to receipt of every previous supplement. The WCJ found applicant not entitled to a second benefit, and applicant sought reconsideration arguing 'injury' should be liberally construed to include ongoing compensatory injury. The Appeals Board granted reconsideration to further consider its jurisdiction and the validity of Rule 17302(b)/17309(b) under Labor Code section 139.48, deferring a final decision on the merits.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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