Edgar

J.— Petitioner Douglas Edgar (Edgar) seeks review of a decision of respondent Workers’ Compensation Appeals Board (WCAB). Edgar is an industrially disabled California Highway Patrol (CHP) officer who, after his medical condition became permanent and stationary, participated in vocational rehabilitation for approximately three months while CHP was paying him full leave of absence salary under former section 4800 of the Labor Code.

The question presented in this proceeding is whether CHP is permitted to (1) take a credit in the weekly sum of $246 (the maximum weekly vocational rehabilitation maintenance allowance that CHP may be obligated to provide Edgar during vocational rehabilitation under § 139.5, subd. (d)) based on an equivalent portion of the full leave of absence salary benefit CHP paid to Edgar under former section 4800 during his vocational rehabilitation; and (2) apply that credit (without reducing Edgar’s salary under former § 4800) against the $16,000 cap on vocational rehabilitation services (VR cap) mandated by subdivision (c) of section 139.5. Stated more simply, the issue is whether CHP is permitted to apply a $246 per week credit against the $16,000 VR…