Samson Boganim, Applicant v. Beverly Hills Hilton, Hilton Hotels Corporation, PSI, Defendants.

W.C.A.B. Nos. ADJ 1898212 (LAO 0671427), ADJ 957820 (LAO 0688269)—WCJ Roger A. Tolman, Jr. (LAO); WCAB Panel: Commissioners Cuneo, Lowe, Chairman Miller

Workers' Compensation Appeals Board (Panel Decision)

Opinion Filed October 7, 2008

Editor's Note: Petition for Writ of Review Filed November 19, 2008; Court of Appeal Granted Writ of Review on June 1, 2009

Vocational Rehabilitation—Vocational Rehabilitation Maintenance Allowance—WCAB affirmed WCJ's decision denying defendant's appeal from determination of Rehabilitation Unit (RU), in which RU  found that applicant/security guard/supervisor was entitled to retroactive vocational rehabilitation maintenance allowance (VRMA) at temporary disability rate from 7/27/98 ''and continuing until the employee meets with an agreed [qualified rehabilitation representative]," when RU's determination was based on prior findings by WCJ that applicant's industrial injuries to neck and back during cumulative period 7/15/86 to 11/24/91 and in form of a hernia on 9/3/90 combined to cause permanent disability of 9.75 percent given preclusion from very heavy lifting, 7/27/98 medical report stating that applicant was a qualified injured worker, and lack of Notice of Potential Eligibility (NOPE) letter, and WCAB, bound by prior findings of  WCJ and based upon applicant's credible testimony, concluded that there was substantial evidence to support RU's finding that applicant was a qualified injured worker and that defendant was obligated, but failed, to send a NOPE letter to applicant.