WCAB

Raymond Johnson filed a petition for writ of review asking us to determine whether he should have been awarded vocational rehabilitation benefits for the period October 7, 1995, through September 4, 1996, before he was found to be a qualified injured worker (QIW). We conclude that he was entitled to the benefits he seeks and annul the award of the Workers’ Compensation Appeals Board to the extent that it denies such relief.

Factual and Procedural Summary

Petitioner was employed by T.H. Likens & Sons, Inc., on November 14, 1989, when he fell from scaffolding and suffered a severe spinal injury. After petitioner applied for workers’ compensation benefits, the parties stipulated that he is 46¼ percent permanently disabled due to injury to his back, and is entitled to workers’ compensation benefits. In November 1993 petitioner sought further benefits by filing a petition to reopen. This resulted in a finding of 66 percent permanent disability and a determination that the petition to reopen was a valid request for vocational rehabilitation temporary disability (VRTD) benefits. Petitioner had spinal fusion and multilevel laminectomies on October 6, 1994. After treating him…