Robertson

In this workers’ compensation action, we conclude that the employer, Mountain People’s Warehouse (hereafter Company), failed to satisfy its obligation to offer the benefit of vocational rehabilitation (VR) to its injured employee, Abraham Robertson (Robertson). (Lab. Code, §§ 139.5, 4635 et seq.) 1 A few weeks after Robertson sustained his on-the-job injury, Company, acting pursuant to a discretionary Company policy, discharged him for missing too many days of work (these absences were not injury related). Subsequently, Robertson was found to be a qualified injured worker, making him eligible to receive VR. (§§ 139.5, 4635, subd. (a), 4637, 4638, subd. (a).)

Generally, for an employer to satisfy its VR obligation, it must either offer the injured worker a modified/altemative position that is compatible *897 with his or her work restrictions, or offer vocational rehabilitation services (VR services) such as counseling, training, schooling, or job placement assistance. (§§ 4638, subd. (a), 4635, subds. (d), (e), 4636, 4644, subd. (a)(5), (6), (7); Del Taco v. Workers’ Comp. Appeals Bd. (2000) 79 Cal.App.4th 1437, 1441 [ 94 Cal.Rptr.2d 825 ] (Del Taco).) To meet its VR…