Cisneros

Here we hold that, when a qualified injured worker signs a compromise and release which states he is not interested in receiving vocational rehabilitation services and which also states that the agreement does not release any claim to rehabilitation benefits, the Workers’ Compensation Appeals Board is not required to make a finding pursuant to California Code of Regulations, title 8, section 10870. We also hold that, if the worker does not timely object to the termination of rehabilitation services, he must come within the requirements of Labor Code section 5410 in order to reopen rehabilitation. However, because applicant alleges that he was “required” to decline rehabilitation in order to receive the benefits of the compromise and release, we remand the matter to the board to determine whether there is credible evidence he misunderstood the terms of the agreement.

Facts

On February 15, 1993, applicant Jose Cisneros injured his spine and back while working as a farm laborer for defendant Dancing Star Ranch, insured by the State Compensation Insurance Fund. He has been represented by the same attorney throughout these proceedings. He was found to be a qualified injured…