Vocational Rehabilitation Reinstatement Request
In American States Ins. v. Workers' Comp. Appeals Bd. (1993) 58 Cal.Comp.Cases 155, an employee was medically unable to complete his vocational rehabilitation and the rehabilitation unit granted him a suspension.
Three years later, and more than five years after the injury, the employee requested reinstatement of vocational rehabilitation.
The Workers' Compensation Appeals Board ordered the rehabilitation unit to grant the request, finding the suspension of jurisdiction constituted an implied reservation of jurisdiction.
The appellate court denied the review. (Id. at p. 157.)
In American States, the interruption or suspension of services was open-ended; there was no time limit on the suspension. In the present case, the suspension of rehabilitation benefits expired by its own express terms.