CompFox AI Summary
Applicant petitioned for removal, seeking a WCAB order to compel the Rehabilitation Unit to issue a determination regarding rehabilitation benefits. However, Labor Code section 139.5, governing vocational rehabilitation, was repealed effective January 1, 2009, divesting the Rehabilitation Unit of further authority. While issues appealed before that date can be heard by the WCAB, the applicant's petition for removal is denied as it does not meet the procedural requirements for such action before a Workers' Compensation Judge. The applicant should file a Declaration of Readiness to Proceed to bring the matter before a judge.
Full Decision Text1 Pages
Applicant petitioned for removal, seeking a WCAB order to compel the Rehabilitation Unit to issue a determination regarding rehabilitation benefits. However, Labor Code section 139.5, governing vocational rehabilitation, was repealed effective January 1, 2009, divesting the Rehabilitation Unit of further authority. While issues appealed before that date can be heard by the WCAB, the applicant's petition for removal is denied as it does not meet the procedural requirements for such action before a Workers' Compensation Judge. The applicant should file a Declaration of Readiness to Proceed to bring the matter before a judge.
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