SJDB vouchers - Proposed Regulations

Saturday, February 26, 2005 | 0

The Division of Workers Compensation recently re-released its proposed regulations for the Supplemental Job Displacement Benefit (voucher) for a 15 day public comment period. Copies of the proposed regulations and forms are available at the DWC web site ( http://www.dir.ca.gov/dwc/DWCPropRegs/SupplementalJobDisplacementBenefitRegs.htm ). The deadline for comments on the proposed regulations is March 2, 2005. Your comments and recommendations should be sent to:

Destie Overpeck
Department of Industrial Relations
Division of Workers' Compensation
Post Office Box 420603
San Francisco, CA 94142

I have attached a copy of my comments and recommendations (doc format) on the proposed regulations that has been submitted to the DWC. The items in red are my opinions; yours may be quite different.

If you have opinions and recommendations that you wish to express to the DWC, you should feel free to modify the attached documents and submit them as your own. It is important that Administrative Director Andrea Hoch hear from the community at large. If there are few submissions, it is likely that the DWC will implement the regulations as written, which may not be in the best interests of injured workers or employers/insurers.

Some of the key points of the proposed regulations:

Voucher availability: Vouchers will be available within 25 days of a Findings & Award or Compromise and Release approval (Sect. 10133.52).

Settlement: The Notice of Potential Rights advises employees that they have the right to settle their voucher (Sect 10133.52)

Mandatory Notices: The regulations specify mandatory language and formats for the Notice of Potential Rights (10133.52) and the SJDB voucher (Sect. 10133.57). There is no provision for modification of language or inserting language to deal with specific circumstances.

Voucher Disputes: Disputes regarding the voucher must be filed with the WCAB. A specific form and process has been developed for that purpose.

While these regulations are not final, it seems unlikely that the DWC will make substantial changes; we can therefore expect the regulations to be adopted sometime in April 2005. The regulations will have significant impact on the RTW process and those who work directly with employers will need to know the interaction between the workers comp return to work process and employers' exposure under the Fair Employment & Housing Act.

Contributed by vocational rehabilitation expert Allan Leno, Leno & Associates, (818) 370-8859, allanleno@leno-assoc.com.

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The views and opinions expressed by the author are not necessarily those of workcompcentral.com, its editors or management.