Vocational Rehabilitation; Repeal of Labor Code § 139.5; Reinstatement of Services. WCAB held that applicant was entitled to VR services from 3/6/2007, but not from 11/29/2006, when applicant's VR rights were vested prior to 1/1/2009 as required under Weiner v. Ralph's Company since 10/17/2008 decision upholding award of VR benefits became final after time to appeal expired, applicant interrupted services and never requested reinstatement pursuant to defendant's instructions, and applicant's listing "Rehabilitation" as issue on 11/29/2006 DOR did not sufficiently comply with former Rule 10129 so as to constitute request for services, and applicant properly demanded VR for first time after interruption on 3/6/2007. See Brown panel decision

 

Dismissal; Application for Adjudication; Alternative Dispute Resolution. WCAB rescinded WCJ's order dismissing injured worker's Application alleging injury to multiple body parts, pursuant to Labor Code § 3201.5, when (1) WCJ dismissed Application without making required evidentiary findings necessary to justify dismissal of claim based upon carve-out agreement, including finding that parties were subject to such an agreement at time of applicant's injury and that Administrative Director issued appropriate letter of eligibility in connection with collective bargaining agreement, and (2) WCJ failed to issue Notice of Intent prior to dismissing Application, in violation of applicant's due process rights. See Yamnitsky panel decision

 

Medical-Legal Procedure; Independent Medical Examiners; Communications. WCAB held that reporting of "regular physician" appointed by WCJ pursuant to Labor Code § 5701 to examine applicant must be stricken from evidentiary record because defendant, although acting in good faith, communicated directly with regular physician rather than corresponding with physician through WCAB as required under Rule 10718. See Oseguera panel decision