Kim

Summary

The statutory ceiling on workers’ compensation reimbursements for expenses arising from or associated with vocational rehabilitation applies to expenses for interpreters needed during rehabilitation training. The ceiling applies equally to all persons, regardless of race, national origin, or any other differences, and there is no evidence that it was intended to discriminate against any group. Hence the ceiling does not violate the equal protection clause of the Fourteenth Amendment.

Facts and Prior Proceedings

Petitioner Yong Kim injured his right arm while working. He was found entitled to vocational rehabilitation services paid for through workers’ compensation. Kim speaks only Korean and requires the assistance of an interpreter for all vocational training classes and activities. Kim claims that interpreter services would cost $5,000 per month (we find no support for this in the record).

Employer liability for vocational rehabilitation expense is capped at $16,000 under Labor Code section 139.5. Kim contended that interpreter expenses associated with his rehabilitation should not be included among the expenses subject to the $16,000 cap.

The…