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Topics covered in this FAQ include:
Notice requirements for the supplemental job displacement benefit (SJDB)
Voucher criteria and eligibility requirements
How the voucher works and determining amounts
When an employee can expect to receive the voucher and when payments are due
Time frames for using the voucher
Training facilities and the Bureau for Private Postsecondary Education
Vocational return to work counselors and how they are involved in the voucher process
Out of state use of the voucher
Where I should go if my claims administrator and I disagree on the voucher
Options for students faced with school closure

Q:  Why are we required to send the supplemental job displacement benefit (SJDB) notice by certified mail?

A:  The legislature stated in Labor Code section 4658.5 and the administrative director repeated in title 8 of the California code of regulations, section 10133.52, that within 10 days of the last payment of temporary disability, if not previously provided, the claims administrator shall send the employee, by certified mail, the mandatory form “Notice of Potential Right to Supplemental Job Displacement Benefit Form.”

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Q:   What is the SJDB voucher and what is covered?

A:   Employees injured on or after Jan. 1, 2004, who are permanently unable to do their usual job, and whose employer does not offer other work, may qualify for the SJDB. The benefit comes in the form of a non-transferable voucher that can be used to pay for educational retraining or skill enhancement, or both, at state-approved or state-accredited schools. The voucher covers school tuition, fees, books and expenses required by the school for training. No more than 10 percent of the value of the voucher can be used for vocational & return to work counseling.

Q:   How do I know if I am eligible for the voucher?

A:   If your injury causes permanent partial disability (PPD), usually determined by a workers’ compensation judge, that prevents you from going back to work within 60 days of your last temporary disability (TD) payment and the claims administrator has not given you a form called the notice of offer of modified or alternative work DWC-AD 10133.53, you may be eligible for the voucher.

Q:   What if my employer offers a modified or alternative job and I don't accept it -- can I still receive the voucher?

A:   No. If the claims administrator sends a notice of offer of modified or alternative work DWC-AD 10133.53within 30 days of your last temporary disability (TD) payment and the offer meets certain requirements, and you don't accept the job, you're not eligible for the voucher. The offer of modified or alternative work must meet the following conditions:

• You have the ability to perform the essential functions of the job
• The job is a regular position lasting at least 12 months
• The job offers wages and compensation that are at least 85 percent of those paid to you at the time of your injury
• The job is located within reasonable commuting distance of your residence at the time of injury.

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Q:   How does the voucher work?

A:   When you receive the voucher, the claims administrator should have completed lines 1 - 8. You  are then responsible for completing lines 9 - 19. Lines 9 - 12 must be completed when using a vocational return to work counselor (VRTWC). A list of counselors is available to you on the DWC Web site. If you do not select a counselor, you do not need to complete lines 9 - 12. The training provider you select should assist you in completing lines 13 - 19 on the voucher. You can contact the Bureau for Private Postsecondary Education (BPPVE) at www.bppe.ca.gov to get a list of accredited training providers in your area. When you have completed the voucher, you must sign and date it before sending it back to the claims administrator. You must also attach any receipts or invoices for direct payment to you, the training provider, and/or the VRTWC. You can expect the payment to be made within 45 calendar days from the date the claims administrator receives the voucher.

Q:   What is the amount of the voucher and how is the amount determined?

A:   The amount of the voucher depends on the amount of your disability award:

• Permanent partial disability of less than 15 percent          = $4,000 voucher
• Permanent partial disability between 15 and 25 percent   = $6,000 voucher
• Permanent partial disability between 26 and 49 percent   = $8,000 voucher
• Permanent partial disability between 50 and 99 percent   = $10,000 voucher

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Q:   When will I receive the supplemental job displacement benefit voucher?

A:   If you are eligible for the voucher and you haven't settled your eligibility (as part of an overall settlement in your case) you will receive the voucher from the claims administrator within 25 calendar days from the date your disability award is issued by the workers' compensation judge at the local Workers' Compensation Appeals Board district office.

Q:   When can I expect to receive the payments specified in the voucher?

A:   The claims administrator must issue reimbursement payments to you or direct payments to the VRTWC and training provider within 45 calendar days from receipt of the completed voucher, receipts and documentation.

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Q:   Once I get the voucher, do I have to use it within a certain amount of time? Does the voucher expire if I don't?

A:   No. There is no time period in which you have to use the voucher. The law doesn't specify a time limit or expiration date on the voucher.

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Q:   Where can I find information on approved private providers of education-related retraining or skill enhancement schools?

A:  Mailing address:          
Bureau for Private Postsecondary Education
P.O. Box 980818
West Sacramento, CA 95798-0818

Physical address:
Bureau for Private Postsecondary Education
1625 North Market Blvd., Suite S-202
Sacramento, CA 95834
Phone: (916) 574-7720 Toll Free: (888) 370-7589
Web site: www.bppe.ca.gov
E-mail: bppve@dca.ca.gov

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Q:   Am I required to select a vocational return to work counselor (VRTWC) and how do I find one?

A:   You are not required to use a VRTWC. However, you might want to use an expert who can help you choose a training program that's in step with your abilities and medical restrictions. VRTWCs are paid to help injured workers figure out a vocational goal and a return to work plan.

The Division of Workers' Compensation (DWC) maintains a VRTWC list.

Q:   How is the VRTWC paid and what is the most he or she can receive?

A:   The claims administrator pays the VRTWC the amount specified in the voucher. In no event shall the amount paid to a VRTWC be more than 10 percent of the total value of the voucher.

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Q:   Can I use the voucher out of state?

A:   Yes. You can use the voucher to pay an out of state private provider of education-related retraining or skill enhancement. The provider must be approved by the governing state agency similarly to the way California providers are approved.

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Q: What if I disagree with the claims administrator about the SJDB voucher?

A: You can file a "Request for Dispute Resolution" form (DWC AD 10133.55) with the DWC. The form will be reviewed by the DWC and a decision will be issued. Send the "Request for Dispute Resolution" form to:

State of California
Department of Industrial Relations
Division of Workers' Compensation
Supplemental Job Displacement Benefits (SJDB)
Attn: Administrative Director
P.O. Box 420603
San Francisco, CA 94142

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Q:  What happens if I paid tuition prior to enrolling and the school files for bankruptcy and/or closes?

A:  The best option for students faced with a school closure is to retain credits earned, continue their course of studies and obtain their certificate or degree. For most students, this involves a transfer to another school.

If continuing studies is not possible, students may consider other options, including requesting a refund of tuition, discharge of their student loans, or other compensation. However, selecting discharges or refunds will likely result in the loss of credits already earned according to the Bureau for Private Postsecondary Education. There may also be legal remedies. For more information, including a loan discharge application, go to http://studentaid.ed.gov/.

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February 2011