As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 2. COMPUTATION OF COMPENSATION [4451 - 4856] · CHAPTER 2. Compensation Schedules [4550 - 4856] · ARTICLE 3. Disability Payments [4650 - 4664]
(a) This section shall apply to injuries occurring on or after January 1, 2013. (b) If the injury causes permanent partial disability, the injured employee shall be entitled to a supplemental job displacement benefit as provided in this section unless the employer makes an offer of regular, modified, or alternative work, as defined in Section 4658.1, that meets both of the following criteria: (1) The offer is made no later than 60 days after receipt by the claims administrator of the first report received from either the primary treating physician, an agreed medical evaluator, or a qualified medical evaluator, in the form created by the administrative director pursuant to subdivision (h), finding that the disability from all conditions for which compensation is claimed has become permanent and stationary and that the injury has caused permanent partial disability. (A) If the employer or claims administrator has provided the physician with a job description of the employee’s regular work, proposed modified work, or proposed alternative work, the physician shall evaluate and describe in the form whether the work capacities and activity restrictions are compatible with the physical requirements set forth in that job description. (B) The claims administrator shall forward the form to the employer for the purpose of fully informing the employer of work capacities and activity restrictions resulting from the injury that are relevant to potential regular, modified, or alternative work. (2) The offer is for regular work, modified work, or alternative work lasting at least 12 months. (c) The supplemental job displacement benefit shall be offered to the employee within 20 days after the expiration of the time for making an offer of regular, modified, or alternative work pursuant to paragraph (1) of subdivision (b). (d) The supplemental job displacement benefit shall be in the form of a voucher redeemable as provided in this section up to an aggregate of six thousand dollars ($6,000). (e) The voucher may be applied to any of the following expenses at the choice of the injured employee: (1) Payment for education-related retraining or skill enhancement, or both, at a California public school or with a provider that is certified and on the state’s Eligible Training Provider List (EPTL), as authorized by the federal Workforce Investment Act (P.L. 105-220), including payment of tuition, fees, books, and other expenses required by the school for retraining or skill enhancement. (2) Payment for occupational licensing or professional certification fees, related examination fees, and examination preparation course fees. (3) Payment for the services of licensed placement agencies, vocational or return-to-work counseling, and résumé preparation, all up to a combined limit of 10 percent of the amount of the voucher. (4) Purchase of tools required by a training or educational program in which the employee is enrolled. (5) Purchase of computer equipment, up to one thousand dollars ($1,000). (6) Up to five hundred dollars ($500) as a miscellaneous expense reimbursement or advance, payable upon request and without need for itemized documentation or accounting. The employee shall not be entitled to any other voucher payment for transportation, travel expenses, telephone or Internet access, clothing or uniforms, or incidental expenses. (f) The voucher shall expire two years after the date the voucher is furnished to the employee, or five years after the date of injury, whichever is later. The employee shall not be entitled to payment or reimbursement of any expenses that have not been incurred and submitted with appropriate documentation to the employer prior to the expiration date. (g) Settlement or commutation of a claim for the supplemental job displacement benefit shall not be permitted under Chapter 2 (commencing with Section 5000) or Chapter 3 (commencing with Section 5100) of Part 3. (h) The administrative director shall adopt regulations for the administration of this section, including, but not limited to, both of the following: (1) The time, manner, and content of notices of rights under this section. (2) The form of a mandatory attachment to a medical report to be forwarded to the employer pursuant to paragraph (1) of subdivision (b) for the purpose of fully informing the employer of work capacities and of activity restrictions resulting from the injury that are relevant to potential regular work, modified work, or alternative work. (i) An employer shall not be liable for compensation for injuries incurred by the employee while utilizing the voucher.
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ17251670 · 2024-07-24 · Oxnard District Office§ 4658.7
Determinative passage · p.4Settlement or commutation of a claim for the supplemental job displacement benefit shall not be permitted under Chapter 2 (commencing with Section 5000) or Chapter 3 (commencing with Section 5100) of Part 3. (§ 4658.7(g).)
The Board found that the Beltran waiver is superseded by this statute and thus the waiver in the C&R was improper.
Official decision · page 4 → - ADJ10887310 · 2023-01-30 · Marina del Rey District Office§ 4658.7
Determinative passage · p.5The burden of proof remains with defendant to show that it offered regular, modified or alternative work. (Opus One Labs v. Workers' Comp. Appeals Bd. (Fndkyan) (2019) 84 Cal. Comp. Cases 634, 636 [2019 Cal. Wrk. Comp. LEXIS 51] (writ denied).) We conclude that defendant has not met its burden of proof to show that it offered regular, modified, or alternative work to applicant for at least 12 months. The subsequent employment cannot be added to meet the 12 months requirement because the subsequent employment was with a different employer. Accordingly, we amend the March 13, 2020 Finding and Order to find that applicant is entitled to a SJDB voucher.
The Board applied these standards to determine entitlement to the SJDB voucher based on the permanent disability rating and the employer's failure to meet the offer requirement.
Official decision · page 5 → - ADJ11573028 · 2022-12-05 · Marina del Rey District Office§ 4658.7
Determinative passage · p.3Nevertheless, in light of the parties' arguments, we provide the following guidance with respect to applicant's claim for a SJDB voucher. Applicant is entitled to a SJDB voucher upon showing that she sustained permanent partial disability and the employer failed to show that it offered regular, modified, or alternative work, regardless of whether the record contains a Physician's Return to Work & Voucher Report. (§ 4658.7(b), 5705.) In Opus One Labs v. Workers' Comp. Appeals Bd. (Fndkyan) (2019) 84 Cal. Comp. Cases 634, 636 [2019 Cal. Wrk. Comp. LEXIS 51] (writ denied), a different Appeals Board panel concluded that:
The WCAB provided guidance that the employer's burden is to show an offer of work; absence of a Physician's Return to Work & Voucher Report does not relieve the employer of this burden.
Official decision · page 3 → - ADJ9427922 · 2022-10-18 · Bakersfield District Office§ 4658.7
Determinative passage · p.4Turning to the issues raised in the Petition, we disagree that Rule 10133.31(c) applies in this matter and that its elements were met, and conclude that applicant is entitled to a SJDB voucher. Section 4658.7(b) provides that an injured worker is entitled to a SJDB voucher if the industrial injury causes permanent partial disability and the employer fails to make an offer of regular, modified, or alternative work. (§ 4658.7(b).) Section 4658.7(b)(1) and (2) and Rule 10133.31(b) provide that the offer of regular, modified, or alternative work must be made no later than 60 days after receipt of the Physician's Return to Work & Voucher Report (Form DWC-AD 10133.36) that last for at least 12 months. (§ 4658.7(b)(1) and (b)(2); Cal. Code of Regs. tit. 8, § 10133.31(b).) However, an "employee who has lost no time from work or has returned to the same job for the same employer, is deemed to have been offered and accepted regular work in accordance with the criteria set forth in Labor Code section 4658.7(b)." (Cal. Code of Regs., tit. 8, § 10133.31(c).)
The applicant sustained 20% permanent disability and defendant did not prove an offer of work, so applicant is entitled to the voucher.
Official decision · page 4 → - ADJ7054381 · 2022-08-30 · Sacramento District Office§ 4658.7
Determinative passage · p.6An injured employee is entitled to a supplemental job displacement benefit if the injury causes permanent partial disability and the employer fails to make an offer of regular, modified, or alternative work. Labor Code section 4658.7(b).
Applied to determine entitlement to supplemental job displacement voucher.
Official decision · page 6 → - ADJ10286214 · 2021-03-09 · Long Beach District Office§ 4658.7
Determinative passage · p.6Subdivision (g) of Labor Code3 section 4658.7 provides that "[s]ettlement or commutation of a claim for the supplemental job displacement benefit shall not be permitted under Chapter 2 (commencing with Section 50002 [Compromise and Release]) or Chapter 3 (commencing with Section 5100 [lump sum payments]) of Part 3." (§ 4658.7, subdiv. (g).)
The Board enforced the statutory prohibition on settlement of the SJDB voucher, rejecting the exception allowed in Beltran.
Official decision · page 6 → - ADJ11337498 · 2021-03-09 · Van Nuys District Office§ 4658.7
Determinative passage · p.4Section 4658.7 provides that an injured worker is entitled to a SJDB voucher if the industrial injury causes permanent partial disability and the employer fails to make an offer of regular, modified, or alternative work within a specified amount of time. (§ 4658.7.) Rule 10133.31, subdivision (b), specifies that an offer for regular, modified, or alternative work must be provided no later than 60 days after receipt of the Physician's Return to Work & Voucher Report (Form DWC-AD 10133.36). (Cal. Code of Regs. tit. 8, § 10133.31, subd. (b).) Dr. Sisto's Report
The Board applied this statute to determine eligibility for SJDB voucher.
Official decision · page 4 → - ADJ11297130 · 2021-03-04 · Santa Ana District Office§ 4658.7
Determinative passage · p.4In the Petition, citing Opus One Labs v. Workers' Comp. Appeals Bd. (Fndkyan) (2019 W/D) 84 Cal.Comp.Cases 634, applicant argues that, since the Appeals Board found "... a P&S report without the AD form is enough to trigger defendant's liability for the SJDB voucher, the Physician's Return-to-Work & Voucher Report provides the information necessary to entitle applicant to receive the voucher." Applicant then argues that to require a P&S report in addition to the report submitted by Dr. Black "would place form over substance" (Petition, p. 3.) Defendant argues that Dr. Black's Physician's Return-to-Work & Voucher Report "... does not address whether the injury caused permanent partial disability" so it does not meet the requirements of Labor Code section 4658.7(b). (Answer, p. 2.) As noted by the WCJ in his Report, "The SJDB Form completed by Dr. Black does state that the disability is permanent and stationary, and it does state the restrictions or work capacities of the Applicant." (Report, p. 6.) We agree with the WCJ that Dr. Black's report states applicant's condition was permanent and stationary, that the injury caused permanent partial disability, and that applicant had work restrictions. Thus, it complied with the requirements of Administrative Director rule 9785(i). (Cal. Code Regs., tit. 8, § 9785(i).)
Defines the requirements for entitlement to Supplemental Job Displacement Benefits.
Official decision · page 4 →
All 9 decisions naming § 4658.7 →
The rules written under this section
A statute says what is owed; Title 8 says by when, on what form, and what happens if the deadline passes. These name § 4658.7as what they implement.
- 8 CCR § 9785Reporting Duties of the Primary Treating Physician.
- 8 CCR § 10116.9Definitions for Article 6.5 and 7.5.
- 8 CCR § 10133.31Supplemental Job Displacement Nontransferable Voucher for Injuries Occurring on or After January 1, 2013.
- 8 CCR § 10133.32Form [DWC-AD 10133.32 “Supplemental Job Displacement Nontransferable Voucher For Injuries Occurring on or After 1/1/13.”]
- 8 CCR § 10133.33Form [DWC-AD 10133.33 “Description of Employee's Job Duties Form.”]
- 8 CCR § 10133.34Offer of Work for Injuries Occurring on or After January 1, 2013.
- 8 CCR § 10133.35[DWC-AD 10133.35 “Notice of Offer of Regular, Modified, or Alternative Work For injuries occurring on or after 1/1/13.”]
- 8 CCR § 10133.58State Approved or Accredited Schools.
- 8 CCR § 10133.60Termination of Claims Administrator's Liability for the Supplemental Job Displacement Benefit.
- 8 CCR § 10208.11Petition Appealing Determination Regarding Supplemental Job Displacement Benefits.
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 4658.7
What is California Labor Code § 4658.7?
Labor Code § 4658.7 sits in ARTICLE 3. Disability Payments [4650 - 4664]. The statute on this page begins: (a) This section shall apply to injuries occurring on or after January 1, 2013. (b) If the injury causes permanent partial disability, the. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 4658.7 in this corpus?
This corpus has 9 released decisions whose extracted legal standards named § 4658.7. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.