Niedle v. Workers' Comp. Appeals Bd. (2001)

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[No. B140258. Second Dist., Div. Five. Mar. 15, 2001.]

ANTONETTE NIEDLE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA; LA SALSA HOLDING COMPANY and CALIFORNIA INDEMNITY INSURANCE COMPANY, Respondents.

[Modification fn. * of Opinion (87 Cal. App. 4th 283; 104 Cal.Rptr.2d 534).]

THE COURT.-

Good cause appearing the opinion filed in the above entitled matter on February 27, 2001, is modified to reflect the following changes:

1. On page 2, second paragraph of Introduction, line 5 [87 Cal. App. 4th 286, advance report, 2d par., lines 6-9], strike the sentence beginning with "We hold that section . . ." in its entirety and replace it with the following: We hold that section 4644, subdivision (g) does not impede the right to travel because that right does not obligate a state to continue providing the same benefits to a former resident who has moved to another state. We also hold that the statute does not violate petitioner's right to equal protection of the laws since it costs more to administer out of state vocational rehabilitation plans and the statute therefore serves a rational purpose.

2. On page 6, replace lines 1 through 6 [87 Cal. App. 4th 289, advance report, 1st par., lines 6-12] beginning with: "under the Supplemental . . ." with the following: under the Supplemental Security Income Act were payable only while the claimant resided in one of the 50 states or the District of Columbia. Torres moved to Puerto Rico and the benefit was terminated. The Supreme Court declined to hold that the right to travel requires that a person who moves to another state is entitled to receive benefits enjoyed in his former state of residence since doing so would "require a state to continue to pay those benefits indefinitely to any persons who had once resided there." (Id. at p. 4.)

3. On page 9, footnote 4, line 1 [87 Cal. App. 4th 292, advance report, fn. 4, line 1 (correction made in adv. rep. opn.)], change "page 7" to read: page 5

No change in judgment.

FN *. This modification requires movement of text affecting pages 286-298 of the bound volume report.