Injuries Occurring on or After January 1, 2004, and Before January 1, 2013

To be eligible for the following supplemental job displacement benefits, the employee must meet the following criteria:

• The work-related illness or injury must have occurred after January 1, 2004, and before January 1, 2013.
• The injury must have caused permanent partial disability.
• The injured employee does not return to work for the employer within 60 days of the temporary disability termination.1

Eligible employees can receive supplemental job displacement benefits in the following amounts:

• Up to $4,000 for permanent partial disability awards of less than 15 percent.
• Up to $6,000 for permanent partial disability awards between 15 and 25 percent.
• Up to $8,000 for permanent partial disability awards between 26 and 49 percent.
• Up to $10,000 for permanent partial disability awards between 50 and 99 percent.

The employee can use the voucher for tuition, fees, books and other expenses that the school requires for retraining or skill enhancement. No more than 10 percent of the voucher can be used for vocational or return to work counseling.

If the voucher is issued on or after January 1, 2013, the employee must use it within two years from the time it is issued, or within five years of the injury, whichever is later.2

Within 10 days of the last temporary disability payment, you must give the employee notice of supplemental job displacement benefit rights. This notice must be sent by certified mail.

You are not liable for the supplemental job displacement benefit if you meet either of the following conditions:

• Within 30 days of the temporary disability indemnity payments’ termination, you offer, and the employee does not accept, modified work that accommodates the employee’s work restrictions and lasts at least 12 months.
• Within 30 days of the temporary disability indemnity payments’ termination, you offer, and the employee does not accept, alternative work that meets all of the following conditions:
• The employee is capable of performing the essential functions of the job provided.
• The job provided is in a regular position lasting at least 12 months.
• The job provided offers wages and compensation within 15 percent of those paid to the employee at the time of injury.
• The job is located within reasonable commuting distance of the employee’s residence at the time of injury.3

Liability for the voucher is settled for an agreed sum of money and approved by the WCAB. Settlement of the voucher entitlement is allowed on claims of injury prior to January 1, 2013.

Termination for cause does not bar entitlement to a Supplemental Job Displacement Benefit voucher, absent a bona fide offer of regular, modified or alternative work, regardless of an employer’s ability to make such an offer, and regardless of an employee’s ability to accept such an offer, an employee is entitled to a Supplemental Job Displacement Benefit voucher.4

Injuries Occurring on or After January 1, 2013

For injuries dated after January 1, 2013, any permanently partially disabled worker is entitled to a voucher of up to $6,000 unless the employer makes an offer of regular, modified or alternative work that meets the following criteria:

• The offer is made no later than 60 days after the receipt of a report finding that all conditions have become permanent and stationary and that the injury has caused permanent partial disability. There is a form designed to trigger the running of the 60-day time line; the Physicians Return to Work and Voucher Report (DWC Form 10133.36).
• The offer is for regular, modified or alternative work lasting at least 12 months.5
• When the employer offers regular, modified or alternative work to the employee and subsequently learns that the employee cannot lawfully work, the employer is not required to actually provide the regular, modified or alternative work.6

No more than $1,000 of the voucher may be used for computer equipment, no more than $500 for cash reimbursement, and no more than 10 percent for vocational counseling. The voucher must be used within two years of issuance.7 Unlike older vouchers, settlement or commutation of a voucher for injuries after January 1, 2013, is not permitted, except in limited situations when settlement is adequate and there is a dispute over injury AOE/COE.8

For injuries after January 1, 2013, the supplemental job displacement nontransferable voucher ( Form DWC-AD 10133.32 ) is available for download from the DIR’s website or by calling 1-800-794-6900.

1. Lab. Code sec. 4658.5

2. Lab. Code sec. 4658.5(d)

3. Lab. Code sec. 4658.6

4. Corona v. Kern High School District, Cal. Wrk. Comp. P.D. LEXIS 186 (2020)

5. Lab. Code sec. 4658.7

6. 8 CCR sec. 10133.34(b)(4)

7. 8 CCR. sec. 10133.31(g)

8. Beltran v Structural Steel (2016) 81 CCC 1224po