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) or (a)(2) occur:

(1) the claims administrator offers modified or alternative work to the employee, meeting the requirements of Labor Code §4658.6, on DWC-AD Form 10133.53 “Notice of Offer of Modified or Alternative Work”;

(A) If the claims administrator offers 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 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.

NOTE

Authority cited: Sections 133 and 5307.3, Labor Code. Reference: Sections 4658.1, 4658.5, 4658.6 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)

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