Irma Zamora vs. State Of California, Dept. Of agriculture: Adjusted By Scif Contract Services

In this case, the State of California Department of Agriculture was found to have unreasonably delayed payment of compensation to applicant Irma Zamora, who had sustained an industrial injury to her back while employed as an agricultural technician. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the WCJ's decision, returning the matter to the trial level for further proceedings and a new decision. The WCJ was instructed to clarify the attorney's fee and the penalty award.

State Of California, Dept. Of Agriculture: Adjusted By Scif Contract Services Irma Zamora WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIRMA ZAMORA, Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OF AGRICULTURE, Adjusted By SCIF CONTRACT SERVICES., Defendant(s).Case No. ADJ1034035 (LBO 0384143); ADJ2062512 (LBO 0384144) ;ADJ2192154 (LBO 0345603)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings. Oder Granting Petition to Reopen and Award, served on August 24. 2010.J wherein the workers’ compensation administrative law judge (WCJ) granted applicant’s petition to reopen and found, in pertinent pan. that applicant, while employed as an agricultural technician on January)’ 9. 2002. sustained industrial injury to her hack, causing 62 percent permanent disability, “entitling applicant to $170 00 a week for 362.25 weeks for a total of S61.582.50.“ The WCJ found that “Defendant unreasonably delayed payment of compensation, emitting applicant to an additional penalty of 25% upon delayed permanent disability indemnity.” lie found the reasonable value of applicant’s attorney’s services to be $5,500.00. “together with an additional 25% of the penalty on the delayed permanent disability benefit ‘ The WCJ awarded. “A 25% penalty on the species of delayed permanent partial disability-, which includes the i 2° c self-assessed penally, upon the delayed benefit, less 15% of the delayed benefn as attomev fees….” 1 Although defendant’s contem jobs of error penan’. oni> i<> case number ADJ 3192154 . the pennon bsjs three casi numbers in ne number ADJ21 ‘ 54            : ?(* • onh ,             Defendant contends the WO erred in not ordering credit for payments made under the original stipulated award. Defendant further contends the WCJ erred in awarding a penalty

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