Dee Anne Ramirez vs. Drive Financial Services; And One Beacon Insurance Co.

This case is about Dee Anne Ramirez's appeal to the Workers' Compensation Appeals Board to reconsider the June 28, 2011 Findings, Award & Order. The WCJ found that good cause does not exist to reopen the Findings and Awards dated September 29, 2010, and/or June 23, 2009; that res judicata applies to the Labor Code section 5814 increases in compensation and to the Labor Code section 5814.5 attorney's fees through July 18, 2010; that the amount of interest due applicant is $458.90; that, as a result of defendant's unreasonable delay in paying interest, applicant is entitled to a 25 percent increase, in the amount of $114.73, less the 10 percent penalty previously paid; and

Drive Financial Services; and One Beacon Insurance Co. Dee Anne Ramirez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEE ANNE RAMIREZ, Applicant,vs.DRIVE FINANCIAL SERVICES; and ONE BEACON INSURANCE CO., Defendants.Case No. ADJ4579659 (AHM 0089109)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of the June 28, 2011 Findings, Award & Order, wherein the workers’ compensation administrative law judge (WCJ) found that good cause does not exist to reopen the Findings and Awards dated September 29, 2010, and/or June 23, 2009; that res judicata applies to the Labor Code section 5814 increases in compensation and to the Labor Code section 5814.5 attorney’s fees through July 18, 2010; that the amount of interest due applicant is $458.90; that, as a result of defendant’s unreasonable delay in paying interest, applicant is entitled to a 25 percent increase, in the amount of $114.73, less the 10 percent penalty previously paid; and that the reasonable value of applicant’s attorney’s services from July 19, 2010, through May 19, 2011, is $900.00. The WCJ denied defendant’s request for sanctions against applicant and applicant’s attorney.            Applicant’s contentions are not “clearly set forth,” as required by WCAB Rule 10842(a) (Cal. Code Regs., tit. 8, § 10842(a)); and they largely address issues that were previously the subject of final orders. In her prayer, applicant requests that her Petition to Re-open be granted and her penalty award increased to 25 percent, plus interest; that we issue a finding that a Labor Code section 5814(a) “delay penalty is 25% of the thing delayed, or $10,000.00 whichever is less”1 ; and that applicant’s attorney’s fee 1            In other words, applicant is requesting that this Appeals Board panel overrule the Appeals Board en banc decision in this case (Ramirez v. Drive Financial Services (2008) 73 Cal.Comp.Cases 1324 (Appeals Board en banc)). However, as applicant’s attorney undo

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