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Case Name | Galvao v. WCAB | |
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Date | 12/19/2008 | |
Note | Employers are not entitled to credit against vocational rehabilitation maintenance allowance (VRMA) benefits for wages earned by an employee because VRMA benefits are not wage replacement benefits. | |
Citation | A122284 | |
WCC Citation | WCC 34712008 CA |
This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. Petitioner Lavender Galvao (Galvao) petitions for review of an order by the Workers' Compensation Appeals Board (Board). Galvao did not return to work at Kinko's, but began working at a less physically-demanding job for a different employer. Specifically, Zurich did not send Galvao a Notice of Potential Eligibility (NOPE) for vocational rehabilitation, did not provide an appropriate written offer of modified work, and did not send Galvao a denial of vocational rehabilitation services. Zurich concludes that allowing Galvao to receive both VRMA and her wages would result in a windfall to Galvao. Galvao should not be penalized for obtaining work to support her family, nor should Zurich be rewarded for its delays in providing services to Galvao.
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