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Division of Workers' Compensation – Answers to frequently asked questions about supplemental job displacement benefits

Q: What is the supplemental job displacement benefit voucher and what is covered?

A. Employees injured on or after Jan. 1, 2004, who are permanently unable to do their usual job, and whose employer does not offer other work, may qualify for the supplemental job displacement benefit (SJDB). The benefit comes in the form of a non-transferable voucher that can be used to pay for educational retraining or skill enhancement, or both, at state-approved or state-accredited schools. The voucher covers school tuition, fees, books and expenses required by the school for training. No more than 10 percent of the value of the voucher can be used for vocational & return to work counseling.

Q: How do I know if I am eligible for the voucher?

A. If your injury causes permanent partial disability (PPD) that prevents you from going back to work within 60 days of your last temporary disability (TD) payment and the claims administrator has not given you a form called DWC-AD 10133.53, "Notice of Offer of Modified or Alternative Work", you may be eligible for the voucher.

Q: When will I receive the supplemental job displacement benefit voucher?

A: If you are eligible for the voucher and you haven't settled your eligibility (as part of an overall settlement in your case) you will receive the voucher from the claims administrator within 25 calendar days from the date your disability award is issued by the workers' compensation judge at the local Workers' Compensation Appeals Board.

Q: How does the voucher work?

A: When you receive the voucher, the claims administrator should have completed lines 1 - 8. You are then responsible for completing lines 9 - 19. Lines 9 - 12 must be completed when using a vocational return to work counselor (VRTWC). A list of counselors is available to you on the DWC Web site. If you do not select a counselor, you do not need to complete lines 9 - 12. The training provider you select should assist you in completing the lines 13 - 19 on the voucher. You can contact the Bureau for Private Postsecondary and Vocational Education (BPPVE) at www.bppve.ca.gov to get a list of accredited training providers in your area. When you have completed the voucher, you must sign and date it before sending it back to the claims administrator. You must also attach any receipts or invoices for direct payment to you, the training provider, and/or the VRTWC. You can expect the payment to be made within 45 calendar days from the date the claims administrator receives the voucher.

Q: What is the amount of the voucher and how is the amount determined?

A: The amount of the voucher depends on the amount of your disability award:

Permanent partial disability of less than 15 percent

= $4,000 voucher

Permanent partial disability between 15 and 25 percent

= $6,000 voucher

Permanent partial disability between 26 and 49 percent

= $8,000 voucher

Permanent partial disability between 50 and 99 percent = $10,000 voucher

Q: Once I get the voucher, do I have to use it within a certain amount of time? Does the voucher expire if I don't?

A: No. There is no time period in which you have to use the voucher. The law doesn't specify a time limit or expiration date on the voucher.

Q: What if my employer offers a modified or alternative job and I don't accept it -- can I still receive the voucher?

A: No. If the claims administrator sends you a form DWC-AD 10133.53 "Notice of Offer of Modified or Alternative Work" within 30 days of your last temporary disability (TD) payment and the offer meets certain requirements, and you don't accept the job, you're not eligible for the voucher. The offer of modified or alternative work must meet the following conditions:

  • You have the ability to perform the essential functions of the job
  • The job is a regular position lasting at least 12 months
  • The job offers wages and compensation that are at least 85 percent of those paid to you at the time of your injury
  • The job is located within reasonable commuting distance of your residence at the time of injury.

Q: Can I use the voucher out of state?

A: Yes. You can use the voucher to pay an out of state private provider of education-related retraining or skill enhancement. The provider must be approved by the governing state agency similarly to the way California providers are approved.

Q: Where can I find information on approved private providers of education-related retraining or skill enhancement schools?

A: Contact the Bureau for Private Postsecondary and Vocational Education at:

400 R Street, suite 5000
Sacramento CA 95814-6200
916-445-3427
Fax 916-323-6571
www.bppve.ca.gov

Q: What happens if I paid tuition prior to enrolling and the school files for bankruptcy and closes?

A: Request or download an application form titled "Student Tuition Recovery Fund (STRF) Form #STRF-02", from the Bureau for Private Postsecondary and Vocational Education. Complete the form and return it to the bureau. The bureau will make a decision about whether you are entitled to reimbursement from the student tuition recovery fund.

Q: How do I locate a VRTWC and am I required to select a VRTWC?

A: You are not required to use a VRTWC. However, you might want to use an expert who can help you choose a training program that's in step with your abilities and medical restrictions. VRTWCs are paid to help injured workers figure out a vocational goal and a return to work plan.

The Division of Workers' Compensation (DWC) maintains a list of VRTWCs. The list is available on the SJDB Web page.

Q: How is the VRTWC paid and what is the most he or she can receive?

A: The claims administrator pays the VRTWC the amount specified in the voucher. In no event shall the amount paid to a VRTWC be more than 10 percent of the total value of the voucher.

Q: When can I expect to receive the payments specified in the voucher?

A: The claims administrator must issue reimbursement payments to you or direct payments to the VRTWC and training provider within 45 calendar days from receipt of the completed voucher, receipts and documentation.

Q: What if I disagree with the claims administrator about the SJDB?

A: You can file a "Request for Dispute Resolution" form (DWC AD 10133.55) with the DWC. The form will be reviewed by the DWC and a decision will be issued. Send the "Request for Dispute Resolution" form to:

State of California
Department of Industrial Relations
Division of Workers' Compensation
Administrative Director - SJDB
1515 Clay Street, 17th floor
Oakland, CA 94612

April 2006

 
 
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