California, United States of America
The following excerpt is from Visalia School Dist. v. Workers' Comp. Appeals Bd., 40 Cal.App.4th 1211, 47 Cal.Rptr.2d 696 (Cal. App. 1995):
There are cases, however, which appear to assume that a request to the employer (or to the employer's insurer or administrator) for vocational rehabilitation benefits constitutes a "request" within the meaning of section 5405.5. In Boyd v. Workers' Compensation Appeals Bd. (1991) 56 Cal.Comp.Cases 219, the board approved a compromise and release on January 3, 1985. More than one year later, in October of 1989, the employee made a demand on the employer's insurer to furnish vocational rehabilitation services. The board held that the employee's request for vocational rehabilitation benefits was made more than one year from the January 1985 approval of the compromise and release and thus did not satisfy section 5405.5.
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