Pebworth

An employee, joined by his employer, petitions for review of an order of the Workers’ Compensation Appeals Board, finding that amendments to Labor Code section 4646, effective January 1, 2003, do not apply to injuries occurring before the effective date of the amendments. The amendments change prior law by permitting an employee and employer to settle prospective vocational rehabilitation services for a lump sum not to exceed $10,000. We vacate and remand.

FACTS

The facts are undisputed. Petitioner Clarence Pebworth sustained a specific industrial injury in 1997 and a cumulative industrial injury from 1985 to August 20, 2003. In a Compromise and Release approved by respondent Workers’ Compensation Appeals Board (WCAB) in November 2002, the parties settled all issues except vocational rehabilitation benefits.

On January 23, 2003, Pebworth and his employer submitted a stipulation to the rehabilitation unit (RU), agreeing to settle vocational rehabilitation compensation for a lump sum payment of $10,000 pursuant to section 4646, subdivision (b). The RU rejected the stipulation on the ground that the statute applies only to injuries occurring after January 1, 2003. Both…