Torabzadeh v. Rehabilitation Appeals Bd.
Under federal and state regulations, a disabled person is eligible for vocational rehabilitation services if the individuals disability results in a substantial impediment to employment and vocational rehabilitation services are necessary to secure or retain employment. Seyed Torabzadeh is a quadriplegic. Nearly twenty years ago, he was granted vocational rehabilitation services that included modifications to a van (including a hand-control system and wheelchair lift) which enabled him to drive. He obtained employment and has thrived at work, in part because of his ability to independently drive. Now, his van needs to be replaced. In particular, the wheelchair lift mechanism in his van is no longer manufactured and replacement parts are no longer available. Torabzadeh sought financial assistance with obtaining a new modified van as a vocational rehabilitation service. The California Department of Rehabilitation (the Department) denied him rehabilitation services on the basis that any substantial impediment to employment suffered by Torabzadeh was caused by the fact that his van was breaking down, not by his disability. Torabzadeh sought writ relief, which the trial court granted on the basis that the Departments interpretation of controlling regulations was too narrow. Court modify the judgment and affirm.
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