Pereira

In this proceeding we review a decision of respondent Workers’ Compensation Appeals Board (Board) rescinding an order by the Rehabilitation Bureau (Bureau) requiring payment of retroactive vocational-rehabilitation temporary-disability indemnity (VRTD). We conclude retroactive VRTD may be awarded to a qualified injured worker for a period prior to presentation of a prima facie case of qualified injured worker status.

On September 29, 1981, applicant sustained an industrial injury to her left knee in the course of her employment as a construction laborer by respondent employer, R. Burke Corporation. She had previously sustained nonindustrial injuries to her left knee. Her treating physician, Doctor Gjerdrum, released applicant to return to work on January 12, 1982. She did not return to her job with respondent employer, however, because she believed her knee was too weak. In February 1982 she had knee surgery.

On March 26, 1982, applicant, represented by counsel, filed an application for workers’ compensation benefits, alleging in essence that the parties had a disagreement regarding various issues including vocational rehabilitation. The record does not reflect whether…