Fremont, CA asked in Workers' Compensation for California

Q: How are supplemental job displacement benefits awarded?

I was terminated so my employer never offered any modified work. It’s been more than a year since the date of my injury. How can I qualify for this benefit?

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2 Lawyer Answers

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: From the information you provided the question cannot be answered. However, generally the employer is required to provide the voucher within 25 calendar days from the issuance of the permanent partial disability award by the workers' compensation administrative law judge or the appeals board. Which means you need to have settled your case and have an order approving, or you did not return to work for the employer within 60 days of the termination of temporary disability benefits. You apparently returned to work, but we do not know the time line or how this relates to your PD or modified duty.

The statute of limitations for a voucher is one year. I suggest you call iLearn in San Francisco and ask for their voucher materials. If anyone knows about vouchers, it is iLearn.

Nancy J. Wallace

Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: How to get this voucher? Have the Primary Treating Physician on the insurer's MPN write that you've reached Maximum Medical IMprovement AND that you make not return to all pre-injury job duties due to permanent work restrictions... OR get the Panel QME to write that you have permanent work restrictions precluding you from ever returning to the job tasks you had in the position you held before being terminated. WHEN you agree on the amount of Permanent Disability with the insurer, the adjuster will issue the voucher (it's based on the amount of Permanent Disability, so if there is a dispute, the adjuster doesnt know whether to issue the $4000, $6000 or $8000 voucher, so there either needs to be an award by the judge setting the Permanent disability percentage or a signed agreement setting the PD percentage).

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