CompFox AI Summary
This case concerns an injured worker's entitlement to vocational rehabilitation benefits after Labor Code section 139.5 was repealed effective January 1, 2009. The Appeals Board found that because the worker's right to benefits had not vested by a final order before the repeal, his claim was extinguished. The Board rescinded the prior award and vacated the Rehabilitation Unit's determination. This decision aligns with the Board's en banc ruling in Weiner v. Ralphs Company, which clarified that unvested vocational rehabilitation rights are terminated by the repeal of section 139.5.
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This case concerns an injured worker's entitlement to vocational rehabilitation benefits after Labor Code section 139.5 was repealed effective January 1, 2009. The Appeals Board found that because the worker's right to benefits had not vested by a final order before the repeal, his claim was extinguished. The Board rescinded the prior award and vacated the Rehabilitation Unit's determination. This decision aligns with the Board's en banc ruling in Weiner v. Ralphs Company, which clarified that unvested vocational rehabilitation rights are terminated by the repeal of section 139.5.
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