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Division 1. Department of Industrial Relations
Chapter 4.5. Division of Workers' Compensation
Subchapter 1.5. Injuries on or After January 1, 1990
Article 7.5. Supplemental Job Displacement Benefit

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§10133.60. Termination of Claims Administrator's Liability for the Supplemental Job Displacement Benefit.


(a) For injuries occurring on or after January 1, 2004, the claims administrator's liability to provide a supplemental job displacement voucher shall end if either (a)(1), (a)(2), or (a)(3) occur:

(1) the employer offers regular, modified or alternative work to the employee, meeting the requirements as set forth in subdivision (b) of section 10133.31.

(A) If the employer offers regular, modified, or alternative work to the employee for 12 months of seasonal work, the offer shall meet the following requirements:

1. the employee was hired on a seasonal basis prior to injury; and

2. the offer of regular, modified or alternative work is on a similar seasonal basis to the employee's previous employment;

(2) the maximum funds of the voucher have been exhausted. Vouchers issued on or after January 1, 2013, 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.

(3) Settlement or commutation of a claim for the supplemental job displacement voucher has been approved for dates of injury prior to 1/1/2013.

Note: Authority cited: Sections 133, 4658.7 and 5307.3, Labor Code. Reference: Sections 4658.1, 4658.5, 4658.6, 4658.7 and 5410, Labor Code; and Henry v. WCAB (1998) 68 Cal.App.4th 981.

HISTORY

1. New section filed 6-6-2005; operative 8-1-2005 (Register 2005, No. 23).

2. Amendment of section and Note filed 12-20-2012 as an emergency; operative 1-1-2013 pursuant to Government Code section 11346.1(d) (Register 2012, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.


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