RAMADA PLAZA HOTEL, and STATE COMPENSATION INSURANCE FUND, DONNELL WILLIAMS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONNELL WILLIAMS, Applicant,vs.RAMADA PLAZA HOTEL, and STATECOMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3031802 (SFO 0472389)ADJ2264201 (SFO 0464654)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION, DISMISSING PETITION FOR REMOVAL, AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration or removal of the September 23, 2009 Findings, wherein the workers’ compensation administrative law judge (WCJ) found that applicant’s right to vocational rehabilitation benefits, including vocational rehabilitation maintenance allowance (VRMA) at the temporary disability (TD) rate, vested before January 1, 2009; that the December 24, 2008 Determination of the Rehabilitation Unit (RU) “is a final Order by it’s [sic] own terms, which Vested before January 1, 2009, in the absence of an Appeal filed by any party before January 1, 2009;” that defendant’s appeal, filed January 15 2009, was filed within the statutory limit of 20 days after service of the Determination; that defendant’s appeal lacked statutory authority because Labor Code section 4654(d) ceased to exist after the January 1, 2009 repeal of Labor Code section 139.5, which rendered legally insufficient the appeal and any other statutory right to attack the Determination; and that the Board has the authority to order defendant to pay applicant’s vested award. Other issues raised by the appeal were deferred. Defendant contends the WCJ erred in finding that applicant’s right to vocational , rehabilitation benefits vested prior to January 1, 2009, in finding that the December 24, 2008 Determination “is a final Order which vested rights in the applicant,” in reserving jurisdiction to order defendant to pay benefits pursuant to the Determination, in finding that defendant’s appeal was “legally insufficient,” an issue not submitted at the August 10, 20
Donnell Williams, vs. Ramada Plaza Hotel, And State Compensation Insurance Fund,
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2264201
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