County of Santa Barbara v. Workers' Compensation Appeals Board

Petitioner County of Santa Barbara (County) contends: (1) no substantial evidence supports the finding by respondent Workers’ Compensation Appeals Board (Board) that County discriminated against respondent Robert Bouslaugh, in violation of Labor Code section 132a; (2) the Board erred in finding Bouslaugh entitled to vocational rehabilitation pursuant to Labor Code section 139.5 without first referring the issue to the Rehabilitation Bureau of the Division of Industrial Accidents (of the Department of Industrial Relations) as provided by California Administrative Code, title 8, chapter 4.5, sub-chapter 1, section 10007; and (3) the Board erred in failing to issue specific findings on the issues of industrial injury and permanent disability. Reconsideration was denied. We find substantial evidence supports the award of increased benefits pursuant to Labor Code section 132a. We conclude, however, that the Board did err in the procedure followed in finding Bouslaugh entitled to vocational rehabilitation benefits and in failing to make certain findings of fact.

I.

Bouslaugh claims multiple industrial injuries in the course of his employment as a deputy sheriff for County:…