Abelino Sanchez, vs. Mcm Construction, Inc. Permissibly Self-insured, And Jt Integrated; Resources, Its Administrator,

In this case, the Workers' Compensation Appeals Board granted reconsideration of the Findings, Award and Order of January 26, 2009, which found that the applicant was entitled to vocational rehabilitation benefits during the period beginning July 14, 2006 to and including October 2, 2008, payable at the temporary disability rate. The Board rescinded the Findings, Award and Order and returned the matter to the trial level for further proceedings and a new decision consistent with the opinion.

MCM CONSTRUCTION, INC. Permissibly Self-Insured, and JT INTEGRATED; RESOURCES, Its Administrator, ABELINO SANCHEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAABELINO SANCHEZ, Applicant,vs.MCM CONSTRUCTION, INC. Permissibly Self-Insured, and JT INTEGRATED RESOURCES, Its Administrator, Defendants.Case No. ADJ3429748 (AHM 0109689)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings, Award and Order of January 26, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant is entitled to vocational rehabilitation benefits during the period beginning July 14, 2006 to and including October 2, 2008, payable at the temporary disability rate. In this regard, the WCJ affirmed, in part, the Determination of the Rehabilitation Unit dated October 3, 2008.            Defendant contends that the WCJ’s award of retroactive vocational rehabilitation benefits exceeded her authority and provides a benefit not allowed by law because it issued on January 26, 2009 after the repeal of Labor Code Section 139.5, which became effective on January 1, 2009.            Applicant has not filed an answer to the petition for reconsideration, nor have we received a Report and Recommendation (Report) from the WCJ. We note, however, that the instant petition for reconsideration was filed nearly simultaneously with the petition for reconsideration filed by applicant and subsequently withdrawn.1 The WCJ provided a Report regarding applicant’s petition for reconsideration, which we found to be sufficient for our consideration of defendant’s petition 1The Petition for Reconsideration filed by applicant on February 9. 2009 and subsequently withdrawn was dismissed by Order of the Workers’ Compensation Appeals Board on March 10, 2009. , for reconsideration.            On April 14, 2009, we granted reconsideration and issued an order allowing amicus briefs in the case of Lawrence Wei

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