CEDARS-SINAI MEDICAL CENTER and TRISTAR RISK MANAGEMENT, MARIA MEJIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA MEJIA, Applicant,vs.CEDARS-SINAI MEDICAL CENTER and TRISTAR RISK MANAGEMENT, AND DECISION AFTER RECONSIDERATION, Defendants.Case Nos. ADJ337399,., MON 0297231)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings, Award and Order of March 17, 2009, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s appeal of the June 10, 2008 determination of the Rehabilitation Unit, found that applicant made a timely request for reinstatement of vocational rehabilitation services, and awarded applicant vocational rehabilitation maintenance allowance benefits at the temporary disability indemnity rate during the periods beginning August 22, 2005 to and including May 1, 2007, and beginning September 3, 2007 to and including September 9, 2008. Defendant contends that the WCJ lacked jurisdiction over vocational rehabilitation benefits and services because Labor Code Section 139.5, the enabling statute for California’s workers’ compensation vocational rehabilitation program, was repealed effective January 1, 2009. Accordingly, defendant argues that the Findings, Award and Order is without force and effect. Additionally, defendant claims that the WCJ erred in construing applicant’s request to self-direct and settle vocational rehabilitation benefits and services as a request for reinstatement of those services. Applicant has filed an answer to the petition for reconsideration. We have received a Report and Recommendation (Report) from the WCJ. In his report, the WCJ acknowledges ourOrder Allowing Amicus Briefs (En Banc) in Weiner v. Ralphs Company 74 Cal. Comp. Cases , [2009 Cal. Wrk. Comp. LEXIS 80] and recommends that we grant reconsideration pending issuance of our decision in Weiner. For the reasons discussed below,
