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| Case Name | Weiner v. Ralphs Co., et al. (Order Denying Reconsideration) | |
|---|---|---|
| Date | 08/17/2009 | |
| Note | The WCAB determined that the applicant's right to retroactive vocational rehabilitation maintenance allowance never vested. The WCAB also explained that it lacks the authority to declarea statute unconstitutional. | |
| Citation | ADJ347040 | |
| WCC Citation | WCC 35542009 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA OPINION AND ORDER DENYING RECONSIDERATION (EN BANC) Case No. ADJ347040 (MON 0305426) LAWRENCE WEINER, Applicant, vs. RALPHS COMPANY, Permissibly Self-Insured; and SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. (Adjusting Agent), Defendant(s). Applicant, Lawrence Weiner, seeks reconsideration of the Opinion and Decision After Reconsideration (En Banc) issued by the Appeals Board on June 11, 2009. (See Weiner v. Ralphs Company (2009) 74 Cal. Comp. Cases 736 (Appeals Board en banc) (Weiner I). )On April 8, 2008, a stipulated Findings and Award issued finding 60% permanent disability and a need for further medical treatment. Defendant appealed the Rehabilitation Unit's determination and a trial was held before the WCJ on November 24, 2008.
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