Bussear

Petitioner Richard Bussear (applicant) seeks review of a decision of the Workers’ Compensation Appeals Board (Board) denying reconsideration of an order of the workers’ compensation judge who in turn had denied applicant’s appeal from an order of the Rehabilitation Bureau (Bureau) terminating rehabilitation benefits. For the reasons we explain, we annul the challenged decision and remand for further proceedings.

Background

Applicant, a 25-year-old working foreman and heavy-equipment operator employed by respondent Russell L. Pillard, dba Red Lava Products, sustained industrial injury on August 24, 1978, when his right arm was caught in the conveyor of a rock crusher. Applicant underwent 18 operations but was left with little functional use of his right arm. After applicant had reached maximum improvement, respondent insurance carrier, State Compensation Insurance Fund (Fund), offered applicant vocational rehabilitation services and assigned a vocational rehabilitation consultant, James C. McGowan, to develop an appropriate plan.

McGowan ultimately developed a Bureau-approved plan to retrain applicant under the provisions of Labor Code section 139.5 to be a class 1…