EDWIN GEORGE vs. ROWLETT’S TOWING, INC.; STATE COMPENSATION INSURANCE FUND

This case involves a dispute between Edwin George, the applicant, and Rowlett's Towing, Inc. and the State Compensation Insurance Fund, the defendants. The applicant sought reconsideration of the August 31, 2012 Supplemental Findings and Award & Order issued by the workers' compensation administrative law judge. The WCJ found that the defendant unreasonably failed to make payment of temporary disability and reimburse out-of-pocket expenses, and denied the balance of the applicant's claims for penalties. The WCJ recommended that the applicant be granted reconsideration for the sole purpose of finding that the defendant delayed and/or failed to provide transportation, entitling the applicant to section 5814 penalty and section 5814.5 attorney fees in amounts to be determined by the

ROWLETT’S TOWING, INC.; STATE COMPENSATION INSURANCE FUND EDWIN GEORGE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWIN GEORGE, Applicant,vs.ROWLETT’S TOWING, INC.; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ1191098 (VNO 0328222)OPINION AND ORDER DENYING RECONSIDERATION            Applicant seeks reconsideration of the August 31, 2012 Supplemental Findings and Award & Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that defendant unreasonably failed to make payment of temporary disability (TD) in the sum of $37,092.38 pursuant to a May 25, 2010 Stipulated Award entitling applicant to increased compensation in the amount of $7,418.48 pursuant to Labor Code1 section 5814 and attorney’s fees under section 5814.5 in an amount to be determined by the parties; that defendant unreasonably failed to reimburse applicant out-of-pocket expenses in the amount of $37,059.64 incurred in connection with a hospital stay for bariatric surgery entitling applicant to increased compensation in the amount of $7,411.93 and attorney’s fees under section 5814.5 in an amount to be determined by the parties; that defendant did not unreasonably fail to reimburse applicant the additional out of pocket reimbursement requested and did not unreasonably fail to authorize the purchase of a single-story residence; that defendant did not unreasonably delay and/or fail to provide transportation, supplies, breathing machine, physical therapy, acupuncture, chiropractic, new wheelchair, evaluation by nutritionist, podiatrist, usable TENS Unit, new hospital bed, new recliner, epidural injections, authorize and/or sign contract for Jan Roughan, RN, and 1 All further statutory references are to the Labor Code, unless otherwise noted. , authorize LVN visits and treatment. Based on these findings, the WCJ awarded applicant the two section 5814 penalties described above and denied the balance of the applicant’s claims for penalties.     

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