OUR LADY OF FATIMA VILLA STATE COMPENSATION INSURANCE FUND ANGELA MARTIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELA MARTIN, Applicant,vs.OUR LADY OF FATIMA VILLA; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3727661 (STK 0174558)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the March 26, 2014 Findings and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found applicant entitled to the first of three penalties alleged in a September 30, 2011 Petition for Penalties in the amount of $684.00 and denied the other two penalties. The WCJ also found applicant entitled to a penalty alleged in a November 30, 2012 Petition for Penalty in the amount of $69.00 and found her entitled to a penalty alleged in a January 9, 2013 Petition for Penalty in the amount of $2,400.00. The WCJ denied a penalty alleged in an August 5, 2012 Petition for Penalty. Finally, the WCJ allowed an attorney fee in the amount of $3,150.00. In calculating the attorney fee, the WCJ noted that applicant prevailed on three (3) of seven (7) penalties filed. Therefore, the WCJ allowed 3/7th of 21 hours at the hourly rate of $350.00. Applicant’s underlying workers’ compensation claim was previously settled by a May 4, 2006 Stipulated Award providing that applicant sustained industrial injury to her neck, right shoulder, left shoulder, bilateral carpal tunnel syndrome, low back and psyche while employed as a director of nursing services on April 6, 2001 causing 98% permanent disability and need for further medical treatment. Disputes develop between the parties regarding the provision of home health care and resulted in the Petitions for Penalties at issue here. Applicant contends that the WCJ failed to award the correct amount of penalties. Applicant also contends that the WCJ erred in failing to award the attorney fees t
ANGELA MARTIN vs. OUR LADY OF FATIMA VILLA STATE COMPENSATION INSURANCE FUND
(STK 0174558) is a case in which Angela Martin, the applicant, sought reconsideration of the March 26, 2014 Findings and Order issued by the workers' compensation administrative law judge (WCJ). The WCJ found Martin entitled to the first of three penalties alleged in a September 30, 2011 Petition for Penalties in the amount of $684.00 and denied the other two penalties. The WCJ also found Martin entitled to a penalty alleged in a November 30, 2012 Petition for Penalty in the amount of $69.00 and found her entitled to a penalty alleged in a January 9, 2013 Petition for Penalty in the amount of $2,400.00. The WCJ denied a penalty alleged in an August 5,
- Filed On:
- Court: California, Stockton
- Case No. ADJ3727661
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