WINDSTONE EDITIONS; CIGA, administered by CAMBRDIGE INTEGRATED SERVICES for FREMONT COMPENSATION, in liquidation, JUAN NAVARRO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN NAVARRO, Applicant,vs.WINDSTONE EDITIONS; CIGA, administered by CAMBRDIGE INTEGRATED SERVICES for FREMONT COMPENSATION, in liquidation, Defendants.Case Nos. ADJ2115274 (VNO 0403282)ADJ4272743 (VNO 0380749)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in these cases. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Ruling Re: Vocational Rehabilitation that issued in these cases on June 2, 2009. In that decision the workers’ compensation administrative law judge (WCJ) found that applicant is entitled to pursue his claim for vocational rehabilitation benefits pursuant to Labor Code section 5502(b)(3), even though the enabling statute for vocational rehabilitation (Labor Code section 139.5) was repealed as of January 1, 2009. Defendant contended that the WCJ erred in his conclusion that Labor Code section 5502(b)(3) acts as a savings clause to enable applicant to pursue non-vested rights to vocational rehabilitation benefits and services after January 1, 2009 because the legislature did not adopt such a savings clause when it repealed Labor Code section 139.5 effective January 1, 2009. Defendant relied on the Appeals Board’s en banc decision in Lawrence Weiner v. Ralphs Co. (2009) 74 Cal.Comp.Cases 736 (Appeals Board, en bane) (Weiner 1) claiming that Weiner I clarified that the Appeals Board and its WCJs lost jurisdiction to award vocational rehabilitation benefits and services that were not vested as of January 1, 2009. , The WCJ has provided us with a Report and Recommendation on Petition for Reconsideration (Report) in which he recommends that we grant the petition for reconsideration.
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