WCDefenseCA

Supplemental Job Displacement Benefit Voucher forms for post 1-1-13 injuries are available online now.

So, a few friendly reminders about SJDB vouchers in our post-SB-863 world:

1. If you’re looking for a place that is on the “approved” list for the voucher, check out this blog post or just have the applicants visit the Bureau for Private Postsecondary Education’s website and have them search for an approved school

2. The benefit cannot be settled, as per Labor Code section 4658.7(g).  Now, the language specifically states that “settlement … shall not be permitted.”  However, if the applicant and the defendant agree, who is to interfere, right? WRONG.  You don’t want to be the test case that held the settlement term unenforceable and required you to still provide the voucher after attempting to “settle” it.
3. Unlike your humble blogger’s good looks and charming wit, these vouchers have an expiration date.  4658.7(f) holds that the voucher expires two years after it is issued or five years after the date of injury, whichever is later.  In other words, if you know that the applicant is going to be entitled to a voucher, issue earlier rather than later, so that it expires as soon as possible (why waste $6000?).
4. The deadline for issuing the voucher is 20 days after the expiration of the period to make an offer of regular, modified, or alternative work, or 80 days after receipt of a report reflecting the applicant is P&S as to all claimed injuries.  But, as discussed above, if you know there’s no offer available, issue the voucher ASAP so it can expire ASAP/

And, as always, remember that the applicant might still be entitled to the voucher unless you complied with section 4658.7(b), requiring the employer to make an offer of regular, modified, or alternative work as defined by section 4658.1 no later than 60 days after receiving the first report indicating all claimed conditions are P&S.

Now, unlike 4658(d) which required the offer of regular/alternative/modified work be made “in the form and manner prescribed by the administrative director” one could make an argument that for post 1/1/13 injuries, Form 10133.35 is permissive rather than mandatory.  But, again, do you really want to find out?

Accordingly, you should probably use the form even if the employee has returned to work after a verbal offer, and even if you have performed the interactive process.  It does one no harm to fill that form out, and it also does you a whole lot of good (no voucher liability; no need for advances until there is an award).

If this issue does come up, the odds are high that a reasonable WCJ will look at this and find that if the worker returned to work, and is still working (or worked for 12 months), no voucher is owed.  However, if the form is properly filled out and served on the injured worker, that’s one issue you probably won’t have to worry about, let alone provide additional reserves.