Rivera

Petitioner Eddie Rivera (applicant) seeks review of a decision of respondent Workers’ Compensation Appeals Board (Board) reinstating the decision of the Rehabilitation Bureau (Bureau) which terminated applicant’s rehabilitation benefits. We conclude that the Board erred in determining that applicant’s appeal from the Bureau decision was procedurally defective.

Applicant, while employed as a peace officer by defendant California Youth Authority, sustained industrial injury in March 1980 resulting in a permanent disability award and a compromise and release of all his claims except entitlement to rehabilitation benefits.

After his initial request for rehabilitation benefits, Bureau proceedings commenced and he was paid vocational-rehabilitation temporary-disability indemnity. Following consultation, a rehabilitation plan was developed and submitted to the Bureau. The Bureau approved the plan; however, the planned program proved unsuccessful. A Bureau conference was then requested in an attempt to salvage applicant’s rehabilitation. The conference was held before Mr. Breffitt, the Bureau’s consultant. Applicant and his counsel were present. In view of failure of the plan,…