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Per Fndkyan v. Opus One Labs, 2019 Cal. Wrk. Comp. P.D. LEXIS
Defendant has the burden to obtain the Physician’s Return to Work and Voucher Report when the Defendant receives notice of applicant’s permanent partial disability status and work restrictions medical report describing his condition as permanent and stationary.
Employees injured on or after January 1, 2013, who are permanently unable to do their usual and customary job and whose employer does not offer other work, qualify for the SJDB voucher. The voucher amount is $6,000 for all permanent disability ratings. Employees are eligible to receive their voucher after being declared Permanent and Stationary as they no longer have to wait until the date of their settlement to obtain this benefit. The voucher is due 60 days after a treating doctor, Agreed Medical Evaluator (AME) or Qualified Medical Evaluator (QME) declares the injured worker Permanent and Stationary and issues a report outlining the worker’s residual functional capacities with the caveat being that the employer does not offer the injured worker a job. California Labor Code 4658.7 states: (a) This section shall apply to injuries occurring on or after January 1, 2013 (b) If the injury causes permanent partial disability, the injured employee shall be entitled to a supplemental job displacement benefit as provided in this section unless the employer makes an offer of regular, modified, or alternative work, as defined in Section 4658.1, that meets both of the following criteria: (1) The offer is made no later than 60 days after receipt by the claims administrator of the first report received from either the primary treating physician, an agreed medical evaluator, or a qualified medical evaluator, in the form created by the administrative director pursuant to subdivision (h), finding that the disability from all conditions for which compensation is claimed has become permanent and stationary and that the injury has caused permanent partial disability. (A) If the employer or claims administrator has provided the physician with a job description of the employee’s regular work, proposed modified work, or proposed alternative work, the physician shall evaluate and describe in the form whether the work capacities and activity restrictions are compatible with the physical requirements set forth in that job description. (B) The claims administrator shall forward the form to the employer for the purpose of fully informing the employer of work capacities and activity restrictions resulting from the injury that are relevant to potential regular, modified, or alternative work. (2) The offer is for regular work, modified work, or alternative work lasting at least 12 months (c) The supplemental job displacement benefit shall be offered to the employee within 20 days after the expiration of the time for making an offer of regular, modified, or alternative work pursuant to paragraph (1) of subdivision (b). (d) The supplemental job displacement benefit shall be in the form of a voucher redeemable as provided in this section up to an aggregate of six thousand dollars ($6,000). (g) Settlement or commutation of a claim for the supplemental job displacement benefit shall not be permitted under Chapter 2 (commencing with Section 5000) or Chapter 3 (commencing with Section 5100) of Part 3. Per California Labor Code 4658.7 injured employees are entitled to a $6,000.00 workers’ comp voucher if the QME, AME or PTP has deemed her a qualified injured worker and when they fill out a Physician’s Return-to-Work & Voucher Report
