ADJ10912062 · October 5, 2026

Applicant was found permanent and stationary with permanent partial disability for the April 13, 2017 injury and returned to the same job more than 60 days after MMI, so employer is not absolved from SJDB voucher liability for that injury. For the October 26, 2021 injury, applicant returned to work before MMI and satisfied timing requirements, so no voucher is owed.

From the decision · page 6Here, with respect to the April 13, 2017 injury (ADJ10912062), according to the July 29, 2019 report of Julie Goalwin, Ph.D., applicant was found to be permanent and stationary with a GAF score of 63 and a whole person impairment (WPI) of 11. (Applicant’s Exhibit 2, report of Dr. Goalwin, signed on July 29, 2019 with an examination date of July 17, 2019, p. 22.) An earlier report by Michelle Conover, Ph.D., dated July 1, 2019 found applicant permanent and stationary but without any disability, or a disability that had largely been resolved. (Defendant Exhibit A, report of Dr. Conover dated July 1, 2019, pp. 59, 61.) Dr. Conover’s report would not have entitled applicant to the SJDB voucher as she did not find applicant had suffered any permanent disability. But because the Joint Findings of Fact found applicant to be permanent and stationary on the later date of July 17, 2019 (this is the date of Dr. Goalwin’s examination of application, not the date Dr. Goalwin signed her report), we accept Dr.

Applicant was found permanent and stationary with 11% permanent partial disability for the April 13, 2017 injury by Dr. Julie Goalwin on July 17, 2019.

Favours Applicant prevailed

This established the start date for the 60-day period for the employer to offer regular work to avoid SJDB voucher liability.

From the decision · page 2The following facts are relevant to Applicant’s claim of entitlement to two vouchers: one for the April 13, 2017 date of injury, and one for the October 26, 2021 date of injury. With respect to the first injury, Applicant received treatment from Dr. Julie Goalwin, her primary treating physician (psyche), and was temporarily totally disabled (“TTD”) beginning April 13, 2017. [See Applicant’s Exhibit “2”, Psychological report of Julie Goalwin, Ph.D., dated July 17, 2019, p. 18.] Applicant reached maximum medical improvement (“MMI”) on July 17, 2019, and a report identifying same was issued by Dr. Goalwin on or about July 29, 2019. [See MOH, supra at p. 2, lns. 19.5-20. See also, Exhibit “2”, supra at pp. 18, 24.]

Applicant returned to the same job for the same employer on December 19, 2019, more than 60 days after MMI for the first injury, and continued for approximately 22 months.

Favours Applicant prevailed

Employer did not meet the 60-day timing requirement to avoid SJDB voucher liability for the first injury.

From the decision · page 2In Dr. Goalwin’s MMI report, Applicant was assigned permanent partial disability of 11% and it was noted that Applicant could return to work with no restrictions at that time. Applicant returned to work on December 19, 2019, and continued to perform the same work for the same employer continuously and without interruption for approximately 22 months until her second injury. [See MOH, supra at p. 2, ln. 21. See also, Applicant’s verified Petition to Compel Issuance of Supplemental Job Displacement Benefit Voucher, filed March 17, 2026, p. 2, lns. 10.5-16.5.]

For the October 26, 2021 injury, applicant returned to work before MMI and satisfied both the 60-day and 12-month timing requirements, absolving employer from SJDB voucher liability for that injury.

Favours Defendant prevailed

This fact led to denial of SJDB voucher entitlement for the second injury.

From the decision · page 6Therefore, applicant is entitled to a SJDB voucher for her April 13, 2017 injury (ADJ10912062). With respect to the October 26, 2021 injury (ADJ15464731), applicant returned to work on June 2, 2023, which is before her permanent and stationary dates of August 4, 2023 and February 11, 2024. (Joint Findings of Fact date July 1, 2026, Findings, 14 and 15.) As such, she was deemed to have been offered regular work before she became permanent and stationary. Again, it is undisputed that applicant returned to the same job for the same employer for at least months here. (See Joint Opinion on Decision dated July 1, 2026, p. 5.) In this matter, both timing requirements—the 60-day and 12 months requirements—were satisfied and the employer is absolved from voucher liability. Therefore, applicant is not entitled to a SJDB voucher for the October 26, 2021 injury (ADJ15464731). Section 4658.7(b)(1) provides that the 60-day period to offer regular, modified, or alternative work, runs from the receipt by the claims administrator of a Physician’s Return to Work & Voucher Report indicating that the employee is permanent and stationary. (§ 4658.7(b)(1).) The fact that the record does not contain a Physician’s Return to Work & Voucher Report is not fatal.

Found applicant permanent and stationary with 11% permanent partial disability for the April 13, 2017 injury and no restrictions at MMI; later confirmed MMI for second injury with no psychological restrictions.

Her MMI and disability findings were accepted over a conflicting report by Dr. Michelle Conover, supporting entitlement to SJDB voucher for the first injury.

From the decision · page 2The following facts are relevant to Applicant’s claim of entitlement to two vouchers: one for the April 13, 2017 date of injury, and one for the October 26, 2021 date of injury. With respect to the first injury, Applicant received treatment from Dr. Julie Goalwin, her primary treating physician (psyche), and was temporarily totally disabled (“TTD”) beginning April 13, 2017. [See Applicant’s Exhibit “2”, Psychological report of Julie Goalwin, Ph.D., dated July 17, 2019, p. 18.] Applicant reached maximum medical improvement (“MMI”) on July 17, 2019, and a report identifying same was issued by Dr. Goalwin on or about July 29, 2019. [See MOH, supra at p. 2, lns. 19.5-20. See also, Exhibit “2”, supra at pp. 18, 24.]

Declared applicant MMI for the second injury with 12% permanent partial disability and mild work restrictions.

His findings supported the timing and work status for the second injury but did not affect voucher entitlement as applicant returned to work before MMI.

From the decision · page 3Applicant was subsequently declared MMI by the orthopedic PQME, Dr. C. Thomas Vangsness, Jr., on August 4, 2023, and later by Dr. Goalwin on February 11, 2024. [See MOH, supra at p. 3, lns. 18.5-19. See also, Exhibit “3”, supra at p. 26.] Applicant was assigned 12% permanent partial disability by Dr. Vangsness for the neck and back, before adjustment and apportionment. Applicant was given mild work restrictions by Dr. Vangsness and no restrictions from a psychological perspective by Dr. Goalwin. [See Exhibit “3”, supra at p. 26. See also, Applicant’s Exhibit “1”, supra at p. 21.]

Found applicant permanent and stationary but without disability, which would not entitle applicant to SJDB voucher.

Her report was rejected in favor of Dr. Goalwin's findings.

From the decision · page 6Here, with respect to the April 13, 2017 injury (ADJ10912062), according to the July 29, 2019 report of Julie Goalwin, Ph.D., applicant was found to be permanent and stationary with a GAF score of 63 and a whole person impairment (WPI) of 11. (Applicant’s Exhibit 2, report of Dr. Goalwin, signed on July 29, 2019 with an examination date of July 17, 2019, p. 22.) An earlier report by Michelle Conover, Ph.D., dated July 1, 2019 found applicant permanent and stationary but without any disability, or a disability that had largely been resolved. (Defendant Exhibit A, report of Dr. Conover dated July 1, 2019, pp. 59, 61.) Dr. Conover’s report would not have entitled applicant to the SJDB voucher as she did not find applicant had suffered any permanent disability. But because the Joint Findings of Fact found applicant to be permanent and stationary on the later date of July 17, 2019 (this is the date of Dr. Goalwin’s examination of application, not the date Dr. Goalwin signed her report), we accept Dr.

Labor Code

Labor Code section 4658.7

Defines entitlement and timing requirements for supplemental job displacement benefit vouchers.

From the decision · page 1applicant seeks reconsideration of the July 1, 2026 Joint Findings of Fact, wherein the workers’ compensation administrative law judge (WCJ) found, in relevant part, that while applicant is entitled to the supplemental job displacement benefit (SJDB) voucher under Labor Code, section 4658.7 2, said entitlement is barred by Rule 10133.31(c). Applicant contends that section 4658.7 imposes two separate requirements for an employer to avoid SJDB voucher liability: (1) the employer must offer regular, modified, or alternative work no later than 60 days after receipt of the qualifying permanent-and-stationary report finding permanent partial disability; and (2) the offer of regular, modified, or alternative work must last at least 12 months. Applicant further contends that Rule 10133.31(c)—which provides that an employee who has lost no time from work or has returned to the same job for the same employer is deemed to have been offered and accepted regular work—does not satisfy the 60-day and 12- month timing requirement in and of itself, and that an employer still needs to prove that the return to the same job for the same employer satisfies the two timing requirements.

California Code of Regulations, title 8, section 10133.31(c)

Rule 10133.31(c)

Provides that an employee who has lost no time from work or returned to the same job is deemed to have been offered and accepted regular work, but does not absolve employer from SJDB voucher liability if timing requirements are not met.

From the decision · page 1applicant seeks reconsideration of the July 1, 2026 Joint Findings of Fact, wherein the workers’ compensation administrative law judge (WCJ) found, in relevant part, that while applicant is entitled to the supplemental job displacement benefit (SJDB) voucher under Labor Code, section 4658.7 2, said entitlement is barred by Rule 10133.31(c). Applicant contends that section 4658.7 imposes two separate requirements for an employer to avoid SJDB voucher liability: (1) the employer must offer regular, modified, or alternative work no later than 60 days after receipt of the qualifying permanent-and-stationary report finding permanent partial disability; and (2) the offer of regular, modified, or alternative work must last at least 12 months. Applicant further contends that Rule 10133.31(c)—which provides that an employee who has lost no time from work or has returned to the same job for the same employer is deemed to have been offered and accepted regular work—does not satisfy the 60-day and 12- month timing requirement in and of itself, and that an employer still needs to prove that the return to the same job for the same employer satisfies the two timing requirements.

Applicant returned to the same job for the same employer continuously for approximately 22 months after the first injury and after the second injury, satisfying the 12-month requirement for SJDB voucher liability.

From the decision · page 2In Dr. Goalwin’s MMI report, Applicant was assigned permanent partial disability of 11% and it was noted that Applicant could return to work with no restrictions at that time. Applicant returned to work on December 19, 2019, and continued to perform the same work for the same employer continuously and without interruption for approximately 22 months until her second injury. [See MOH, supra at p. 2, ln. 21. See also, Applicant’s verified Petition to Compel Issuance of Supplemental Job Displacement Benefit Voucher, filed March 17, 2026, p. 2, lns. 10.5-16.5.]