Missed the Deadline for RTWSP? It may not be too late!

 In Workers Comp

DIR Issues Notice of Public Hearing on April 15, 2016 for Proposed Modification to Return-to-Work Supplement Program

There are timelines associated with obtaining the Return-to-Work Supplement Program (RTWSP) check of $5,000.  At this time an application for the Return-to-Work Supplement (RTWS) must be received by the Return-to-Work Supplement Program within one year from the date the Voucher was served on the individual or within one year from the effective date of the regulations, whichever is later. 8 CCR Section 17304.  This deadline has run for many injured workers as of April 13, 2016 (1 year from the April 13, 2015 effective date). 

The California Applicants’ Attorneys Association (CAAA) has petitioned to change the language of Section 17304 in an effort to make the RTWS ($5,000) available to injured workers that missed the deadline.  The problem is many workers were not provided notice of RTWS eligibility.  The Supplemental Job Displacement Voucher (SJDV) is required to obtain the RTWS ($5,000).  The SJDV form was not updated with a notice of eligibility for the RTWSP until December 1, 2015.  Vouchers prior to December 1, 2015 did not provide notice of the RTWSP. 

The language proposed by CAAA suggests that the deadline apply from the date of the “updated Voucher form containing notice…”  The deadline would become 1 year from the date of an updated Voucher form containing notice or one year from the effective date of the proposed amendment (TBD) for individuals who received vouchers before December 1, 2015.

We hope the proposed language is adopted and the RTWSP becomes available to those that missed the deadline.  For more information follow the links below. 

The news release link is:

http://www.dir.ca.gov/DIRNews/2016/2016-36.pdf

The CAAA petition link is:

http://www.dir.ca.gov/ODRegulations/ReturnToWork/Petition.pdf