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| Case Name | Weiner v. Ralphs Company | |
|---|---|---|
| Date | 06/11/2009 | |
| Note | [En Banc] The repeal of section 139.5 terminated any rights to vocational rehabilitation benefits or services pursuant to orders or awards that were not final before January 1, 2009, including those pending on or after that date, and effective January 1, 2009, the WCAB lost jurisdiction over non-vested and inchoate vocational rehabilitation claims, but the WCAB continues to have jurisdiction under sections 5502(b)(3) and 5803 to enforce or terminate vested rights. | |
| Citation | ADJ347040 | |
| WCC Citation | WCC 35332009 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. ADJ347040 (MON 0305426) LAWRENCE WEINER, Applicant, vs. RALPHS COMPANY, Permissibly Self-Insured; and SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. (Adjusting Agent), Defendant(s). OPINION AND DECISION AFTER RECONSIDERATION (EN BANC) We granted the petition for reconsideration of defendant, Ralphs Grocery Company, to allow time to further study the record and applicable law. Background Applicant, Lawrence Weiner, sustained an industrial injury to his right hip, cervical spine, and lumbar spine from 1967 through September 30, 2002, while employed as a checker by defendant. Code, § 4644(a)(5)-(7)) and to provide that an employee was normally limited to only one vocational rehabilitation plan (former Lab. Applicant, Lawrence Weiner, while employed as a checker by Ralphs Grocery Company at Los Angeles, California, during the period of 1967 through September 30, 2002, sustained injury arising out of and occurring in the course of the employment to his right hip, cervical spine and lumbar spine.
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