Barlam, Alan

Applicant Alan Barlam, in pro per, received a $5,000 Return-to-Work Supplement Program (RTWSP) payment on August 23, 2019 for a cumulative trauma claim with a 2015-2016 injury period. He later sought a second RTWSP payment for an earlier CT claim (March 15, 2004 through April 2, 2014), which the State denied under AD Rule 17302(b) because the earlier-dated injury did not occur subsequent to the prior RTWSP payment. The WCJ found applicant precluded from the second benefit, and applicant sought reconsideration arguing due process violations because Rule 17302(b) was not disclosed to him. The Appeals Board confirmed it has jurisdiction to review the Director's RTWSP determination, declined to decide whether it could invalidate Rule 17302(b) (since that rule is subject to APA judicial review in superior court), and found the record lacked a finding of the section 5412 date of injury for the cumulative trauma. The Board rescinded the January 27, 2020 Findings of Fact and Order and remanded to the trial level to determine the CT date of injury.