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SUPPLEMENTAL JOB DISPLACEMENT BENEFIT ("VOUCHER")

SB 863 amended Labor Code §4658.5 for injuries between 1/1/04 through 12/31/12:  vouchers issued on or after 1/1/13 "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."  Also added was subsection (e): "(e) An employer shall not be liable for compensation for injuries incurred by the employee while utilizing the voucher." The amount of the voucher was linked to the permanent disability rating, ranging from $4000 to $10,000.

Labor Code §4658.6 remained substantially the same:

 (a) Within 30 days of the termination of temporary disability indemnity payments, the employer offers, and the employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, modified work, accommodating the employee’s work restrictions, lasting at least 12 months.
(b) Within 30 days of the termination of temporary disability indemnity payments, the employer offers, and the employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, alternative work meeting all of the following conditions:
(1) The employee has the ability to perform the essential functions of the job provided.
(2) The job provided is in a regular position lasting at least 12 months.
(3) The job provided offers wages and compensation that are within 15 percent of those paid to the employee at the time of injury.
(4) The job is located within reasonable commuting distance of the employee’s residence at the time of injury.

Labor Code §4658.7 was added for injuries on or after 1/1/13. The Supplemental Job Displacement Benefit voucher value was fixed at $6,000, regardless of the PD rating, and shall be available without waiting for an adjudication of permanent disability "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....(2) The offer is for regular work, modified work, or alternative work lasting at least 12 months." If no offer, then the voucher "shall be offered to the employee within 20 days after the expiration of the time for making an offer." The voucher can be used for defined purposes, including up to $1,000 for "purchase of computer equipment" and up to $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."

"Settlement or commutation of a claim for the supplemental job displacement benefit shall not be permitted...."

See, too, Return To Work

Label Item Links Comments
Labor Code Right to voucher (DOI 1/1/04 through 12/31/12)

Employer not liable for voucher if....

Right to voucher (DOI on or after 1/1/13)    
LC §4658.5

LC §4658.6

LC §4658.7
 
Definitions applicable to job offers LC §4658.1  
Regulations/Rules Supplemental Job Displacement Benefit SJDB Regs  
 

Post SB 863 regs

Newsline 11/18/13 re final regs

"computer equipment" defined

New Regs post SB-863

Newsline 11-18-13

8 CCR §10133.31

 
Forms

All SJDB forms

Voucher form effective 10/1/15

SJDB forms

Voucher

 
Websites

DWC: Supplemental job displacement benefits

State of California's Eligible Training Provider List

Find training providers

Find training providers by field of study

Schools approved by the Bureau of Private Postsecondary Education 

California Community Colleges

Guide to Best Colleges and Universities in California

Find a community college by area or program

State Department of Rehabilitation

Job search links

Vocational schools database

About.com Job Searching

SJDB

EDD eligible providers

EDD provider search

EDD-by field of study

BPPE school search


CA Comm. Colleges

Search

State Rehab

Job Search

Voc schools

About job searching
 
Practice Tips  This is an opportunity to be of service to clients: Advise clients to make the most of voucher opportunities through community college programs, sites that offer the best prices on computer equipment, etc. The State Department of Rehabilitation provides vocational rehabilitation services and job search links. Search engine for California Vocational and Technical Schools
For clients who have no idea what they want to do, What Color Is Your Parachute?, available at local libraries or Amazon is a huge help. It has been translated into at least 26 languages. See this site for more information.
Also make sure clients are aware of the expiration date on vouchers received after 1/1/13.
   
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