Henry v. Workers' Compensation Appeals Board

Opinion

GILBERT, J.

Under Labor Code section 4644, subdivision (a)(6)(B), the liability of an employer for an injured employee’s vocational rehabilitation terminates if the employer offers and the employee accepts alternate work lasting 12 months.1

Here we hold that a seasonal employee is entitled to only 12 months of alternate seasonal work, not to 12 months of continuous work.

Jennifer Lee Henry (Henry) injured her back while employed as a seasonal ski instructor at Mammoth Mountain Ski Area (Mammoth Mountain). She could not perform her usual work at Mammoth Mountain. Henry requested vocational…