Wcab

Applicant Candace DeBoard, a teacher’s aide, accidentally stepped into a hole, injuring her neck, back, leg and head. DeBoard participated in vocational rehabilitation plans but sought an interruption in rehabilitation because of a subsequent nonindustrial injury. DeBoard’s employer, defendant Sacramento County Office of Education (County) advised DeBoard of the necessity of restarting vocational services by a certain date; if she failed to do so, she had five years from the date of injury to request reinstatement. DeBoard failed to restart vocational rehabilitation services within this period, and the County notified DeBoard that services were terminated. DeBoard objected to the notice, and the rehabilitation unit found DeBoard not entitled to further services. DeBoard appealed to defendant Workers’ Compensation Appeals Board (WCAB). The WCAB found the rehabilitation unit possesses continuing implied jurisdiction when a vocational rehabilitation plan is interrupted because of a medical condition, and granted DeBoard’s appeal. The County filed a petition for review, arguing the WCAB loses jurisdiction to award further vocational rehabilitation benefits following an…