Armodia

Petitioner Dave Armodia (applicant) seeks review of that portion of a decision of the Workers’ Compensation Appeals Board (Board) which denied him retroactive vocational rehabilitation temporary disability (VRTD) benefits after he had prevailed on appeal from an order of the Rehabilitation Bureau (Bureau). We conclude that applicant, having prevailed on appeal, was entitled to VRTD benefits retroactive to October 3, 1985, the date the Bureau found applicant was entitled to further rehabilitation services, and that the Board erred as a matter of law when it found that applicant’s benefits should commence on March 30, 1987, the date the workers’ compensation judge (WCJ) affirmed the order of the Bureau.

Applicant, a 21-year-old apprentice roofer employed by Enterprise Roofing, insured by California Compensation & Fire Co. (respondents), sustained injury to his back on April 17, 1984, while tearing off a roof. Applicant received temporary total disability indemnity and medical treatment, and on January 10, 1985, the Bureau found that applicant was a qualified injured worker entitled to vocational rehabilitation benefits. A plan was developed for 60 days of direct job…