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Thread Title: What happens after 1/1/09 with RU
Created On Saturday October 11, 2008 4:04 AM


Chirple@earthlink.net
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Saturday October 11, 2008 4:04 AM

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When LC 139.5 sunsets, will VR disputes go to directly to the jurisdiction of the WCJ's at the WCAB?

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stewshe@comcast.net
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Sunday October 12, 2008 5:21 PM

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Chirple,

I don't see any other alternative. What happens then is the question which is bothering me. We'll all just have to wait and see!

-------------------------
Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.

7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
Send check or money order & shipping info. (I cannot take credit cards.)

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James T. Stewart; 1937 Santa Ana; Clovis, CA 93611

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postscript2
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Monday October 13, 2008 2:48 PM

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Wouldn't it just be logical that the cases be referred to the RRTW Unit (Retraining and Return to Work Unit), whom now governs the SJDB issues???

I just visited the dir site and voc rehab r&r's are still addressed on "this" site.

LC139.5 does state that it is repealed as of 01-01-09, "unless a later enacted statute, this enacted before Januarly 1, 2009, deletes or extends that date."

I can't see how an plan would just fall dead on it's face once signed by the parties prior to this date. In fact a rehab plan doesn't need unit approval if the applicant is represented by counsel.

It's yet another hole in the w/c universe that didn't provide for situations that extend beyond this date, esp. those whom were injured prior to 01-01-04, are not p&s and per the other statutes, ARE still entitled to the benefits per the SOL standards to request said benefits. I don't see where any of the other statutes and CCR's are repealed! In fact, I view this LC as a dissolution of the "V.R. Unit," not the entitlement to benefits, dispute resolution, etc.

The question is WHOM will take over the responsibility. Another poster stated that some "C/A's" are going to immediately terminate all V.R. benefits as of 01-01-09. WOW-do I see 5814 written all over this!!!

LCS

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