United Airlines, Permissibly Self- Insured Catherine Holdren WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATHERINE HOLDREN, Applicant,vs.UNITED AIRLINES, Permissibly Self- Insured, Defendant(s),Case No. VNO 0470712OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the April 13, 2007 Orders wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s appeal of the December 18, 2006 Determination and Order of the Rehabilitation Unit (hereafter “RU Determination”). In the RU Determination, the rehabilitation consultant determined that applicant’s request for vocational rehabilitation was not barred by the statute of limitations and concluded that applicant wat entitledto vocational rehabilitation maintenance allowance (VRMA) at the delay rate from January 14, 2005. The underlying workers’ compensation claim was resolved by a February 1, 2005 Award based on the parties’ stipulations that applicant, while employed as a flight attendant on September 20, 1999, sustained industrial injury to her back causing 33%% permanent disability and a need for further medical treatment. Defendant contends the WCJ erred in denying its appeal from the RU Determination and awarding applicant vocational rehabilitation benefits, arguing that the WCJ should have found that applicant made a request for vocational rehabilitation on June 21, 2004 which was an “initial request” for purposes of the statute of limitations, that applicant made another request for vocational rehabilitation on February 22, 2005 which was a second request for vocational , rehabilitation benefits, and therefore, the Labor Code section 5405.51 statute of limitations does not operate to allow applicant to request rehabilitation within one year of the permanent disability award. We have considered the petition for reconsideration and we have reviewed the record in this matter. An answer was re
Catherine Holdren vs. United Airlines, Permissibly Self- Insured
In this case, United Airlines sought reconsideration of an April 13, 2007 Order wherein the workers' compensation administrative law judge denied their appeal of a December 18, 2006 Determination and Order of the Rehabilitation Unit. The underlying workers' compensation claim was resolved by a February 1, 2005 Award based on the parties’ stipulations that the applicant, while employed as a flight attendant on September 20, 1999, sustained industrial injury to her back causing 33% permanent disability and a need for further medical treatment. The Workers' Compensation Appeals Board granted reconsideration, rescinded the April 13, 2007 Orders, and amended the RU Determination to reflect that the applicant was entitled to vocational rehabilitation maintenance allowance (VRMA) at the delay rate from February 22,
- Filed On:
- Court: California, San Francisco
- Case No. VNO0470712
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