The Zombie Voucher: Post C&R Voucher Obligations? - Greg Grinberg
This article is reposted from WCDefenseCA.com, a blog published by Gregory Grinberg, Managing Partner of Gale, Sutow & Associates SF Bay South Office. The opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of Gale, Sutow & Associates.
Happy Monday, dear readers! How are we holding up? I hope everyone is safe and doing their best to avoid breathing in the smoke that is riddling California. If you know a firefighter, drop him or her a line of support because the challenges they are tackling right now are a step or two up of intensity as compared to rescuing cats from trees – the work is grueling, endless, and insanely dangerous!
As far as the workers’ compensation world, we continue on as before.
So, your humble blogger brings you the panel decision in the case of Juan Quinonez v. Bodega Latina Corporation. Therein, the parties had reached a Compromise and Release agreement but apparently the C&R did not cover the issue of the supplemental job displacement benefit voucher, which applicant sought after resolving the case via C&R.
The WCJ ultimately ruled that because defendant had failed to make an offer of regular, modified, or alternative work within 60 days of receipt of the Physicians Return to Work & Voucher Report, a voucher was due. Defendant responded by arguing that the report issued after the C&R was approved and applicant voluntarily resigned his employment. The WCJ ruled that a voucher was due and, in the face of defendant’s reconsideration petition, the WCAB affirmed: “applicant’s resignation notice relinquishing his rights to employment with defendant does not absolve defendant from its obligation to provide applicant with a SJDB voucher.”
So… the defendant owes the voucher?
The WCAB panel here is telling us that the record can continue to be developed even after settlement of the case, isn’t it? After your C&R check has cleared, applicant can continue to develop the record to support supplemental benefits, such as a voucher.
So what’s a good idea for handling these cases going forward? How do you make sure that your closed file doesn’t get reopened to have to provide a voucher?
Well, for one thing, your defense attorney should probably start including language in the C&R that addresses this issue. Another important thing to remember to get done as part of the file closure procedure is to contact any physicians with pending reports: AME, QME, or PTP, and cancel the request for services.
Just one more thing we need to keep an eye on as we wrap up our files, dear readers!
Stay safe out there!