Estrada
Estrada v. Workers' Comp. Appeals Bd.
Opinion
Opinion
Croskey, J.
In this petition for writ of mandate challenging a decision of the Workers’ Compensation Appeals Board (the Board or WCAB), Miguel A. Estrada (Estrada), the injured worker, requests relief from the Board’s decision regarding his rights to vocational rehabilitation temporary disability (VRTD). We conclude the Board’s decision is in error because it relies on a provision of the written compromise and release (C&R) which Estrada and his employer signed, and under the terms of the C&R itself and the Labor Code, the provision is unenforceable. Moreover, the Board’s decision is based on a retroactive VRTD start-up date which is incorrect. We therefore annul the decision of the Board and direct the Board to issue a new and different order consistent with the views expressed herein.
Background of the Case
1. Estrada’s Application for Adjudication of Claim
Estrada was employed as a lithographer by Corporate Graphics. His application for adjudication of claim was filed with the Board in late 1989. In it he states he sustained injury to his head, neck, back, legs, stomach, and psyche from repetitive stress and strain for the period November 6, 1988, to November 6, 1989. The…