Home/Case Law/RANDY CANISTER vs. CITY OF LOS ANGELES
Regular DecisionReconsideration

RANDY CANISTER vs. CITY OF LOS ANGELES

Filed: Aug 05, 2009
San Francisco
ADJ2150246

CompFox AI Summary

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration. The Board affirmed the workers' compensation judge's order requiring the City to pay untimely Vocational Rehabilitation Maintenance Allowance (VRMA) at the temporary disability rate plus a penalty. This decision was based on the finding that the City failed to appeal parts of a prior Rehabilitation Unit Determination awarding retroactive VRMA, thus making those awards final and enforceable despite the subsequent repeal of Labor Code section 139.5. Citing Weiner v. Ralphs Company, the Board reiterated that vested rights, even under repealed statutes, remain enforceable.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration. The Board affirmed the workers' compensation judge's order requiring the City to pay untimely Vocational Rehabilitation Maintenance Allowance (VRMA) at the temporary disability rate plus a penalty. This decision was based on the finding that the City failed to appeal parts of a prior Rehabilitation Unit Determination awarding retroactive VRMA, thus making those awards final and enforceable despite the subsequent repeal of Labor Code section 139.5. Citing Weiner v. Ralphs Company, the Board reiterated that vested rights, even under repealed statutes, remain enforceable.

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