WCAB Extends Voucher Use Time Due to COVID-19: What You Need to Know

At Franco Muñoz Law Firm, we understand the challenges workers face, especially during unprecedented times like the COVID-19 pandemic. Recently, the Workers’ Compensation Appeals Board (WCAB) made a significant decision regarding the time limit for using the Supplemental Job Displacement Benefit (SJDB) voucher. Let’s dive into what this means for injured workers.

What is the SJDB Voucher?

The SJDB voucher is a benefit given to workers who are injured on the job and cannot return to their previous employment. It helps pay for retraining or skill enhancement, allowing the injured worker to find new employment. According to Labor Code § 4658.7(g), the voucher expires two years after it is issued or five years after the date of injury, whichever is later.

COVID-19 and the Voucher Extension

During the COVID-19 pandemic, California faced numerous changes and disruptions, including stay-at-home orders and remote hearings for workers’ compensation cases. However, one limit that was not extended by executive order or emergency regulation was the time limit to use the SJDB voucher.

The Case of Lona v. Disneyland Resort

In the recent case Lona v. Disneyland Resort (2023), the WCAB addressed this issue. The applicant, who sustained injuries in 2013 and 2014, was given two vouchers set to expire on March 18, 2021. However, due to the COVID-19 stay-at-home order issued by Governor Gavin Newsom on March 19, 2020, the applicant argued for an extension to use her voucher.

The WCAB agreed, stating that the global pandemic and resulting stay-at-home order made it legally impossible for the applicant to use her voucher within the original time frame. The board noted that she was 72 years old and had health conditions that placed her at high risk for COVID-19, making it unsafe for her to seek in-person training.

Key Points from the WCAB’s Decision

1. Legal Impossibility: The WCAB determined that the pandemic created a situation where it was legally impossible for the applicant to use the voucher on time.
2. Health Risks: The applicant’s age and health conditions were significant factors in the decision.
3. Remote Learning Limitations: The applicant needed computer training to apply for jobs online but lacked the necessary skills to engage in remote learning during the pandemic.

As a result, the WCAB extended the applicant’s time to use the voucher by 15 months, the duration of the stay-at-home order, giving her additional time from the service of the WCAB’s decision to use the voucher.

What This Means for Injured Workers

This decision is specific to the circumstances of the applicant in the Lona case. Not all injured workers will automatically receive an extension to use their SJDB vouchers. Workers seeking additional time must demonstrate that it was legally impossible for them to use the voucher during the pandemic, similar to the applicant in this case.

What Should You Do?

If you have an SJDB voucher and believe you need more time to use it due to the COVID-19 pandemic, be prepared to show:

• Why it was impossible for you to use the voucher during the stay-at-home order.
• Any health conditions or other factors that made it unsafe or impractical for you to seek training or employment.

For more information or assistance with your workers’ compensation claim, contact Franco Muñoz Law Firm today. We are here to help you navigate these complex issues and ensure you receive the benefits you deserve.