Laird

Roger Laird seeks annulment of a decision of the Workers’ Compensation Appeals Board (WCAB) denying his petition for reconsideration on appeal from an order of the rehabilitation bureau (Bureau) which terminated his rehabilitation benefits without a hearing. We conclude petitioner would have been entitled to retain the benefits pending a hearing had he filed a proper and timely appeal with the workers’ compensation judge.

I

On February 4, 1980, petitioner, then a 49-year-old equipment mechanic, sustained an industrial injury to his neck and spine. He commenced a re *201 habilitation program in August 1980, and on March 20, 1981, settled all the aspects of his workers’ compensation claim by compromise and release, except vocational rehabilitation benefits pursuant to Labor Code section 139.5. 1 On October 15, 1981, the Bureau issued a notice of intent to terminate those benefits unless petitioner filed a “substantiated objection” within 20 days. Counsel’s timely response stated petitioner had been unable to find work and requested a formal conference to discuss the matter. The Bureau filed a termination order on November 5, 1981, which stated no substantiated objection…