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The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, upholding the prior ruling that his claim for retroactive vocational rehabilitation maintenance allowance (VRMA) was terminated by the repeal of Labor Code section 139.5 on January 1, 2009. The WCAB granted the defendant's petition, vacating the Rehabilitation Unit's order awarding VRMA because the applicant's right to benefits had not vested in a final order before the effective date of the repeal. The Board clarified that a determination of Qualified Injured Worker status does not constitute a final award of VRMA, and jurisdiction over such claims cannot be conferred by waiver. Therefore, the applicant is not entitled to any further vocational rehabilitation benefits.
RUDY GONZALES vs. CELITE CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, upholding the prior ruling that his claim for retroactive vocational rehabilitation maintenance allowance (VRMA) was terminated by the repeal of Labor Code section 139.5 on January 1, 2009. The WCAB granted the defendant's petition, vacating the Rehabilitation Unit's order awarding VRMA because the applicant's right to benefits had not vested in a final order before the effective date of the repeal. The Board clarified that a determination of Qualified Injured Worker status does not constitute a final award of VRMA, and jurisdiction over such claims cannot be conferred by waiver. Therefore, the applicant is not entitled to any further vocational rehabilitation benefits.
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