Colleran v. WCAB
On December 29, 2008, the Rehabilitation Unit of the Department of Industrial Relations, Division of Workers' Compensation, issued a determination finding an injured worker, Gwen Colleran, was entitled to vocational rehabilitation benefits and services. The determination was a final appealable order. Colleran's employer, the City of Los Angeles (City), had 20 days from the date of the issuance of the Rehabilitation Unit's determination to file an appeal. (Former Lab. Code, § 4645, subd. (d), repealed by Stats. 2003, ch. 635, § 14.3; all further statutory references are to the Labor Code; see Cal. Code Regs., tit. 8, § 10293, subd. (d).) The City did not appeal the determination of the Rehabilitation Unit. Later, when Colleran sought to enforce the determination of the Rehabilitation Unit, the City argued that because the authorizing statute for the benefits awarded, namely, former section 139.5, was repealed effective January 1, 2009 (Stats. 2004, ch. 34, § 5), the Workers' Compensation Appeals Board (Board) had no jurisdiction to enforce the award. The Board agreed and held the December 29, 2008 determination of the Rehabilitation Unit was not an enforceable award.
We agree that if the City had filed an appeal there would be no jurisdiction to enforce the award after the effective date of the repeal of section 139.5 because the appeal would have been decided under the law in force when its decision is rendered. (Beverly Hilton Hotel v. Workers' Comp. Appeals Bd. (2009) 176 Cal.App.4th 1597, 1604 (Beverly Hilton).) But because the City did not appeal the determination, it became final as of the date it issued, and thus Colleran is entitled to the benefits and services awarded. (§ 5800; Myers v. Workmen's Comp. App. Bd. (1969) 2 Cal.App.3d 621, 628 (Myers).) Court therefore annul the Board's decision and remand the case for further proceedings to enforce the award.
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