Medrano

INTRODUCTION

Both the workers’ compensation judge (WCJ) and the Workers’ Compensation Appeals Board (Board) determined that Carlos Medrano (Medrano), who suffered an industrial injury, was entitled to vocational rehabilitation services, including continuing payment of vocational rehabilitation maintenance allowance (VRMA), retroactive to the last temporary disability payment. The Board determined, however, that State Compensation Insurance Fund (State Fund), the employer’s insurer, was allowed a credit against VRMA for wages Medrano earned at employment subsequent to the employment at which he was injured. Applying the reasoning in Gamble v. Workers’ Comp. Appeals Bd. (2006) 143 Cal.App.4th 71 [ 49 Cal.Rptr.3d 36 ] (Gamble), we hold that VRMA is not a wage replacement benefit, and therefore there should be no credit against the worker’s VRMA payments for wages earned during the same period the worker was awarded VRMA payments.

FACTUAL AND PROCEDURAL BACKGROUND

While employed on May 2, 2002, by Aquabrew, Inc. (Aquabrew), Medrano sustained an injury. State Fund accepted liability and paid temporary disability indemnity at the rate of $350.00 per week for the period of…