CA Lab Code Section 4658.6

The employer shall not be liable for the supplemental job displacement benefit pursuant to Section 4658.5 if the employer meets either of the following conditions:

(a)

Within 30 days of the termination of temporary disability indemnity payments, the employer offers, and the employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, modified work, accommodating the employee’s work restrictions, lasting at least 12 months.

(b)

Within 30 days of the termination of temporary disability indemnity payments, the employer offers, and the employee rejects, or fails to accept, in the form and manner prescribed by the administrative director, alternative work meeting all of the following conditions:

(1)

The employee has the ability to perform the essential functions of the job provided.

(2)

The job provided is in a regular position lasting at least 12 months.

(3)

The job provided offers wages and compensation that are within 15 percent of those paid to the employee at the time of injury.

(4)

The job is located within reasonable commuting distance of the employee’s residence at the time of injury.