Niedle

*286 Opinion

Introduction

Antonette Niedle seeks a writ of review after the Workers’ Compensation Appeals Board (Board) denied her petition for reconsideration and, thereby, affirmed the workers’ compensation judge’s (WCJ) decision.

The primary issue presented is whether California Labor Code section 4644, subdivision (g) violates the equal protection clause of the United States Constitution (U.S. Const., 14th Amend.) because it impedes the right to travel, or otherwise serves no rational purpose. 1 Section 4644, subdivision (g) requires an out-of-state vocational rehabilitation plan be more cost-effective than an in-state plan. We hold that section 4644, subdivision (g) does not impede the right to travel because that right does not obligate a state to continue providing the same benefits to a former resident who has moved to another state. We also hold that the statute does not violate petitioner’s right to equal protection of the laws since it costs more to administer out-of-state vocational rehabilitation plans and the statute therefore serves a rational purpose.

We affirm the Board’s order.

Factual and Procedural Summary

Antonette Niedle sustained a work-related injury…

I concur in the judgment. I write separately to emphasize why there has been no denial of the constitutional right to travel. In Saenz v. Roe (1999) 526 U.S. 489, 500 [ 119 S.Ct. 1518, 1525 , 143 L.Ed.2d 689 ], the United States Supreme Court identified three separate situations in which the travel right had been defined in its prior decisions. The Supreme Court held: “The ‘right to travel’ discussed in our cases embraces at least three different *294 components. It protects the right of a citizen of one State to enter and to leave another State, the right to be treated as a welcome visitor rather than an unfriendly alien when temporarily present in the second State, and, for those travelers who elect to become permanent residents, the right to be treated like other citizens of that State.” (Ibid.)

The first aspect of the constitutional travel right is “the right to go from one place to another, including the right to cross state'borders while en route . . . .” (Saenz v. Roe, supra, 526 U.S. at p. 500 [ 119 S.Ct. at p. 1525 ].) In Saenz , the Supreme Court examined a California law which limited the maximum welfare benefits available to newly arrived residents. The Supreme Court…

No appearance on behalf of Respondent Workers' Compensation Appeals Board.

GODOY PEREZ, J.

Antonette Niedle seeks a writ of review after the Workers' Compensation Appeals Board (Board) denied her petition for reconsideration and, thereby, affirmed the Workers' Compensation Judge's (WCJ) decision.

The primary issue presented is whether California Labor Code section 4644, subdivision (g) violates the equal protection clause of the United States Constitution (U.S. Const., 14th Amend.) because it impedes the right to travel, or otherwise serves no rational purpose. [1] Section 4644, subdivision (g) requires an out-of-state vocational rehabilitation plan be more cost-effective than an in-state plan. We hold that section 4644, subdivision (g) does not impede the right to travel because that right does not obligate a state to continue providing the same benefits to a former resident who has moved to another state. We also hold that the statute does not violate petitioner's right to equal protection of the laws since it costs more to administer out-of-state vocational rehabilitation plans and the statute therefore serves a rational purpose.

We affirm the Board's order.

Antonette…