Double Vouchers: A 60-Second Seminar in Workers’ Compensation Claims Handling

Have you ever encountered an applicant attorney demanding two supplemental job displacement benefit (SJDB) vouchers when settling multiple claims filed on behalf of an injured worker?  Perhaps the case involves two injuries (a specific and a CT) where both claims are eligible for a voucher.  Is that even possible?  Also, what happens if an injured worker is entitled to a voucher in only one claim but not the other?  An applicant attorney may be counting on the claims administrator being unfamiliar with eligibility requirements, resulting in two vouchers being issued as two claims are being settled.  In today’s blog we will clarify these issues by briefly going over a half-dozen questions and answers pertaining to dual voucher eligibility requirements.

1. Question: Is it possible that an injured worker may be eligible for dual vouchers?  Answer: Yes. If both claims resulted in lost time and PD, then dual vouchers are possible, providing the employer failed to timely offer a regular or permanent mod/alt job lasting at least one year.  Also, an offer of a regular job must pay the same pre-injury wage, while a permanent mod/alt job must pay at least 85% of the average weekly wage earned at the time of injury.  Lastly, the job offer must be in writing and presented in all claims filed.
2. Question: If dual vouchers are distributed can the injured worker request two $500 miscellaneous payments without the necessity of providing receipts or an explanation?  Answer: Yes.
3. Question:  If dual vouchers are distributed can the injured worker request two computers and/or computer equipment having an aggregate value up to $1,000 for each voucher?  Answer: Yes.
4. Question:  Can an injured worker receive two $5,000 payments from the state’s “Return-To-Work Fund” (one for each voucher)?  Answer: No.  Only one payment of $5,000 is currently allowed regardless of the number of vouchers an injured worker possesses.  Note:  Some applicant attorneys ask for two vouchers because they are under the mistaken impression that the state’s Return-To-Work Fund will issue two $5,000 payments.
5. Question:  Is it possible to issue a voucher in one claim, but settle the other voucher by C&R?  Answer: Yes, providing that the voucher being settled involves a claim where an affirmative defense is raised and where if litigated the injured worker might take nothing.
6. Question:  If two cases are consolidated at the Appeals Board can issuing dual vouchers be avoided?  Answer: Yes.  When permanent disability in two claims is indistinguishably intertwined and treated as one combined disability, with one award issued covering both cases, then only one voucher would be owed, if eligible.

Voucher entitlement is a complex field of law that continues to develop through case law. We at F+B are on top of all major voucher decisions and are here to help you should assistance be needed.