Visalia School District v. Workers' Compensation Appeals Board

Introduction

The issue in this case is the meaning of the word “request” in Labor Code section 5405.5. That section states: “Except as otherwise provided in Section 5410, the period within which an employee may request vocational rehabilitation benefits provided by Section 139.5 is one year from the date of the last finding of permanent disability by the appeals board, or one year from the date the appeals board approved a compromise and release of other issues.”

Respondent/applicant Lupe Hernandez telephoned the claims administrator of petitioner/employer Visalia School District and requested vocational rehabilitation benefits. Respondent made this telephone call on February 22, 1994, which was within one year of the March 1, 1993, last finding of permanent disability by the Workers’ Compensation Appeals Board (board). The board found that respondent’s telephonic request to petitioner’s administrator was a “request” for vocational rehabilitation benefits within the meaning of section 5405.5, and was therefore timely. Petitioner disagrees and contends that the phrase “the period within which an employee may request vocational rehabilitation benefits” means “the period…