> >
Case Name | Estrada v. WCAB | |
---|---|---|
Date | 11/05/1997 | |
Note | Absent express approval by WCJ in Order Approving, Thomas request inapplicable. | |
Citation | 58 Cal.App.4th 1458 | |
WCC Citation | WCC 4051997 CA |
OPINION CROSKEY, Acting P. J. - In this petition for writ of mandate challenging a decision of the Workers' Compensation Appeals Board (the Board or WCAB), Miguel A. Estrada (Estrada), the injured worker, requests relief from the Board's decision regarding his rights to vocational rehabilitation temporary disability (VRTD). 7 The issue of whether the parties' vocational rehabilitation provision could be enforced resurfaced in a disagreement between Estrada and defendants over whether Estrada was entitled to receive retroactive VRTD and retroactive 'maintenance allowance. '8 Defendants asserted they had properly delayed giving Estrada vocational rehabilitation benefits, including VRTD, until January 25, l994, because Estrada was examined by Dr. Endler on that [58 Cal. App. 4th 1465] day. In contrast, Estrada asserted he was entitled to VRTD retroactive to a date prior to January 25, 1994. She determined that as a QIW, Estrada was owed VRTD for the period April 17, 1990, through January 24, 1994.
Download full case here.
Download full case here.