Martinez v. Workers' Compensation Appeals Board

Opinion

VOGEL (C. S.), P. J.

Introduction

The Workers’ Compensation Appeals Board (WCAB) found that petitioner, Josephine Martinez, failed to participate in vocational rehabilitation (VR) until more than five years from the date of injury and more than one year from the last adjudication of permanent disability. Although Martinez had timely requested VR, the WCAB concluded benefits were barred by the statute of limitations.

Martinez maintains that jurisdiction for VR benefits continues once properly established, absent an intervening contrary order by the WCAB. We agree, and annul and remand the…