CompFox AI Summary
The Appeals Board denied the applicant's petition for reconsideration, finding she is not entitled to vocational rehabilitation benefits as they were not vested by the January 1, 2009 deadline. The Board granted CIGA's petition for reconsideration, reversing the WCJ's finding of bad faith and sanctions against CIGA. CIGA's appeal of the rehabilitation unit's determination was deemed a legitimate exercise of its due process rights, not a frivolous delay tactic. Therefore, the applicant takes nothing by way of her petition for sanctions.
Full Decision Text1 Pages
The Appeals Board denied the applicant's petition for reconsideration, finding she is not entitled to vocational rehabilitation benefits as they were not vested by the January 1, 2009 deadline. The Board granted CIGA's petition for reconsideration, reversing the WCJ's finding of bad faith and sanctions against CIGA. CIGA's appeal of the rehabilitation unit's determination was deemed a legitimate exercise of its due process rights, not a frivolous delay tactic. Therefore, the applicant takes nothing by way of her petition for sanctions.
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