San Diego Transit Corp. v. Workers' Compensation Appeals Board

Opinion

MOSK, J.

This is a companion case to Webb v. Workers’ Comp. Appeals Bd., ante, page 621 [170 Cal.Rptr. 32, 620 P.2d 618]. Here employer San Diego Transit Corporation, refusing to pay temporary rehabilitation benefits until its injured employee was actually enrolled in a rehabilitation program, contended that Labor Code section 139.5 does not require earlier payment. For the reasons stated in Webb, we construe section 139.5 to mean that temporary rehabilitation benefits accrue from the time the employee requests rehabilitation unless the employer has breached its duty to offer…