In the Panel decision ofBeltran v. Structural Steel Fabricators(2016 Cal. Wrk. Comp.P.D. Lexis (citation pending)), the Workers' Compensation Appeals Board found that theparties could settle the injured workers' rights to a Supplemental Job DisplacementBenefit voucher. In theBeltrancase, there was a good faith dispute as to compensability.
The parties had submitted a Compromise and Release which included a settlement of the
Applicant's rights to a voucher for his post January 1, 2013 claim. The Judge in the matter
approved the settlement but specifically disallowed the settlement of the voucher rights.
The matter was submitted to the WCAB on the issue of the right of the parties to settle
the SJDB voucher in a post January 1, 2013 claim.
The WCAB, in a panel decision, analogized the settlement of the voucher right to thesettlement of vocational rehabilitation rights under the old system. The Board found thatwhereThomas V. Sports Chaletallowed settlement of vocational rehabilitation rightswhere there was a showing of a serious and good faith issue as to compensability, theparties in the present case should be allowed to settle voucher rights with a similarshowing. This is contrary to what our industry has been told by the local judges for thepast few years.
With the decision inBeltran,parties can now settle voucher rights in cases where theycan show there is a "serious, good faith dispute which, if resolved against the injuredworker, would defeat the injured worker's entitlement to all workers' compensationbenefits." This case provides the parties a neat and clean way of disposing of lingeringvoucher issues in a compromise and release settlement of disputed cases.
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