Helpful Hints on Senate Bill (SB) 863 Change in PD Advances

Change in payment of PD advances – LC 4650(b)(2)

1. If applicant is offered a position with same employer with at least 85% of AWW on DOI or if applicant is working and earning at least 100% of AWW on DOI, then PD does not have to be advanced until a Stipulated Award, C&R, or F&A.

2. Payment of PD is retroactive to P&S date or last payment of TD, whichever is earlier

3. LC 4656(c) does not change – TD still has 104 week cap

For more information please contact Michael Pang

Helpful Hints on SB 863 changes for Vocational Rehabilitation Changes

Helpful Hints: SB 863 changes for Voc Rehab: Vocational Rehabilitation Changes
a. Supplemental Job Displacement Voucher
i. LC 4658.5 – Must give this to applicant within 60 days of termination of TTD benefits
ii. LC 4658.5(d) – voucher issued after 01/01/2013, no matter the DOI, expires after 2 years or 5 years of DOI, whichever is later
iii. No voucher if employer offers applicant regular, modified, or alternative work within 30 days of termination of TTD benefits
1. If employer does not offer job, voucher must be offered within 20 days
2. Applicant entitled to voucher if no work within 60 days of receipt of PTP/AME/PQME report finding applicant P&S with WPI.


Helpful Hints on using a Voc Rehab Expert

Using a Vocational Expert

i. LC 5703(j) – reports of vocational experts allowed, but they cannot testify

1. “Direct examination of a vocational witness shall not be received at trial expect upon a showing of good cause”

ii. Vocational Expert must state in his report under penalty of perjury that the contents are true and correct to the best of his/her knowledge

iii. Vocational Expert invoice has to be admitted into evidence and the invoice must also be made under penalty of perjury

iv. LC 5307.7 – Vocational Expert services subject to fee schedule to be adopted by the Administrative Director on or before 01/01/2013

Tips on California Labor Code Section 4660.1

ATB LAW:  Helpful Hint:
The California Labor Code Sections 4660.1(c)(1) and (2)  provides for no more sleep/sex/psyche add ons.
1.      Sleep disorder and sexual dysfunction caused by a physical injury CANNOT cause an increase in the rating
2.      Psyche CANNOT cause an increase in the rating UNLESS it is due to:
a.    Violent act (LC 3208.3); or
b.    Direct exposure to significant violent act (LC 3208.3); or
c.    Catastrophic injury – including but not limited to loss of a limb, paralysis, severe burn, or severe head injury
For more please contact Kathleen Brundo, Co-Managing Partner