MIKASA, INC.; GALLAGHER BASSETT SERVICES, INC., CATHERINE PORTUGAL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATHERINE PORTUGAL, Applicant,vs.MIKASA, INC.; GALLAGHER BASSETT 101 SERVICES, INC., Defendant(s).Case No. ADJ4312477 (GRO 0033744)ADJ2550699 (GRO 0033745)ADJ1243304 (GRO 0033746)ADJ541032 (GRO 0033747)ADJ595387 (GRO 0033748)ADJ1104781 (GRO 0033749)OPINION AND ORDE GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the December 5, 2008 Findings of Fact, Award and Orders issued by a workers’ compensation administrative law judge (WCJ). In that decision, the WCJ found that defendant was liable for penalty under Labor Code section 58141 for the delay in providing a Supplemental Job Displacement Voucher (voucher) for rehabilitation and that applicant was entitled to 25 percent penalty. The WCJ further found that applicant’s attorney was not entitled to a fee under section 5814.5, but awarded an attorney’s fee in the amount of $318.75 from the penalty. Applicant’s underlying claims were resolved by way of the February 28, 2008 Award based on the parties’ joint stipulations regarding various injuries between May 30, 2003 and December 14, 2005, to applicant’s neck, back, bilateral knees, and left arm. As relevant here, the parties stipulated that applicant’s injuries caused permanent disability of 38 percent and that she was entitled to further medical treatment. In its Petition for Reconsideration, defendant contends that no section 5814 penalty applies to a delay in the provision of the voucher as it is not a “payment” within the meaning of section 5814. Defendant further argues that it is impossible to assess a penalty of a sum certain 1Unless otherwise stated all further statutory references are to Labor Code , against the voucher because il is redeemable for any amount up to a given maximum, which is presently undetermined and is likely not to be used. Additionally, defe
Menu
