Beverly Hilton Hotel v. Workers' Compensation Appeals Board

Beverly Hilton Hotel (Hotel) petitioned for writ of review of the decision of the Workers’ Compensation Appeals Board (Board) concluding that respondent Samson Boganim (Boganim) was entitled to vocational rehabilitation benefits under Labor Code section 139.5. Effective January 1, 2009, however, Labor Code section 139.5 was repealed. (Stats. 2004, ch. 34, §§ 4, 5.) We hold that because the Board’s decision was not a final determination of Boganim’s right to vocational rehabilitation benefits and because former section 139.5 has been repealed, he is not entitled to those benefits. We therefore annul the Board’s decision.

FACTUAL AND PROCEDURAL BACKGROUND

Boganim filed two claims for workers’ compensation benefits for an injury due to his employment as a security officer/supervisor at Hotel. Boganim claimed a specific injury on September 3, 1990, and a cumulative trauma injury for the period of July 15, 1986, to November 24, 1991.

On December 15, 2003, the workers’ compensation judge (WCJ) found both injuries compensable. On March 4, 2004, Boganim requested vocational rehabilitation services pursuant to former section 139.5. Hotel denied the request, and no services were…