CompFox AI Summary
The Workers' Compensation Appeals Board denied applicant Susan Ferguson's reconsideration, affirming that her right to retroactive vocational rehabilitation maintenance allowance (VRMA) was barred by the repeal of Labor Code section 139.5. The Board found her rights did not vest before the January 1, 2009 effective date of the repeal, citing precedent from Weiner v. Ralph's Company and Beverly Hilton Hotel v. Workers' Compensation Appeals Board (Boganim). These decisions established that VRMA rights terminate upon repeal unless a final appellate decision exists, which Ferguson lacked. Therefore, the WCJ lacked jurisdiction after January 1, 2009, to grant VRMA benefits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied applicant Susan Ferguson's reconsideration, affirming that her right to retroactive vocational rehabilitation maintenance allowance (VRMA) was barred by the repeal of Labor Code section 139.5. The Board found her rights did not vest before the January 1, 2009 effective date of the repeal, citing precedent from Weiner v. Ralph's Company and Beverly Hilton Hotel v. Workers' Compensation Appeals Board (Boganim). These decisions established that VRMA rights terminate upon repeal unless a final appellate decision exists, which Ferguson lacked. Therefore, the WCJ lacked jurisdiction after January 1, 2009, to grant VRMA benefits.
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