Rodgers v. Workers' Compensation Appeals Board

Opinion

KLEIN, P. J.

Petitioner Jimmy Rodgers (applicant) seeks review of the decision of respondent Workers’ Compensation Appeals Board (Board) that a compromise and release agreement precludes applicant from claiming benefits for injury sustained by him in a rehabilitation program implemented pursuant to Labor Code section 139.5.

We hold that the Board’s decision must be annulled, because the employer and the insurer are obligated to pay ordinary compensation for an injury sustained by an employee while engaged in a rehabilitation program.

Factual Background and Procedural History

Applicant…