The California Division of
Workers' Compensation on 5-20-08 clarified what constitutes a "valid job offer" as it applies to Supplemental Job Displacement Benefits.
The DWC said that a valid offer of work must be a job offer that lasts at least one year, pays at least 85% of the injured worker's pay at the time of injury, can be performed by the worker, and is located within a reasonable distance from where the employee lives. The division said it had received requests for clarification of the term and questions about supplemental job displacement benefit vouchers, which are given to workers who are in retraining because they cannot return to their former jobs.
California employers receive a 15% discount (or "bump down") on permanent disability payments to injured workers when the employer makes a valid offer of work to an injured employee within 60 days after an injury is declared permanent and stationary. The employer has to pay a 15% increase in benefits (or "bump up") if no valid job offer is made.
The employer qualifies for the bump down as soon as the employer makes a timely and valid job offer. The employee does not have to accept the job offer for the employer to qualify for the bump down.
The employer will be charged the bump up if the employer does not make a valid offer of work within the 60 day period. The offer must be made in writing by the employer or claims administrator.
Injured workers qualifying for supplemental job displacement vouchers may receive benefits of anywhere between $4,0000 and $10,000 depending on the amount of the permanent disability award. The non-transferable vouchers can be used only at state-accredited or state-approved schools.
The DWC emphasizes a worker cannot get a supplemental job displacement benefit voucher if the worker has turned down a valid offer of employment. However, if the employee accepts an offer that turns out not to meet the criteria for a valid job, the worker may still be eligible for supplemental job displacement benefits.
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