Vocational Retraining for Injuries After 1/1/04

Comment: Vocational Retraining under California law has been essentially gutted.  What remains is unknown at this point in time.  There is something called a "voucher."  What you are able to achieve with the use of it is currently not known.  Only time will tell as to what benefit, if any, they are for injured workers.

Labor Code Section 4658.5(a) provides that except as provided in Section 4658.6, if the injury causes permanent partial disability and the injured employee does not return to work for the employer within 60 days of the termination of temporary disability, the injured employee shall be eligible for a supplemental job displacement benefit in the form of a nontransferable voucher for education-related retraining or skill enhancement, or both, at state approved or accredited schools, as follow:    (1) Up to four thousand dollars ($4,000) for permanent partial disability awards of less than 15 percent.  (2) Up to six thousand dollars ($6,000) for permanent partial disability awards between 15 and 25 percent. (3) Up to eight thousand dollars ($8,000) for permanent partial disability awards between 26 and 49 percent. (4) Up to ten thousand dollars ($10,000) for permanent partial disability awards between 50 and 99 percent.  (b) The voucher may be used for payment of tuition, fees, books, and other expenses required by the school for retraining or skill enhancement.  No more than 10 percent of the voucher moneys may be used for vocational or return to work counseling.  The administrative director shall adopt regulations governing the form of payment, direct reimbursement to the injured employee upon presentation to the employer of appropriate documentation and receipts, and any other matters necessary to the proper administration of the supplemental job displacement benefit.    (c) Within 10 days of the last payment of temporary disability, the employer shall provide to the employee, in the form and manner prescribed by the administrative director, information that provides notice of rights under this section.  This notice shall be sent by certified mail.  (d) This section shall apply to injuries occurring on or after January 1, 2004.