Workers’ Compensation · Primary-source case analysis

Dennis: Avoiding an SJDB Voucher Requires a Bona Fide Offer of Work

By Aneeta Mishra and Timothy Chan

Published May 22, 2026

Anthony Dennis sustained a wrist injury as an inmate laborer; after his release, the employer sent a notice that simultaneously stated he was no longer available for the offered position.

The WCAB retained adjudicatory authority

Disputes over the voucher were compensation matters within the Board’s exclusive jurisdiction.

The administrative rule exceeded delegated power

The Board invalidated Rule 10133.54 because it diverted adjudication beyond the authority given to the Administrative Director.

The statutory exemption required a real offer

An employer could avoid voucher liability only by making a bona fide offer of regular, modified, or alternative work.

The conditional notice was insufficient

A notice stating that the released inmate was no longer available did not offer work he could actually accept, so the voucher remained due.

Key takeaways

• Preserve the full offer and attachments.
• Test whether the position genuinely existed and was available.
• Separate inability to offer work from a statutory exemption.
• Bring voucher disputes to the proper adjudicatory forum.