State of California of Agriculture, Legally Uninsured Irma Zamora WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIRMA ZAMORA, Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OF AGRICULTURE, Legally Uninsured, Defendant(s).Case No. ADJ1034035 (LBO 0384143)ADJ2062512 (LBO 0384144)ADJ2192154 (LBO 0345603)OPINION AND ORDER DENYING RECONSIDERATION Defendant seeks reconsideration1 of the November 22, 2010 Findings, Order Granting Petition to Reopen and Award issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant sustained industrial injury to her back while employed as an agricultural technician on January 9, 2002. In addition, the WCJ granted applicant’s Petition to Reopen and found new and further disability of 62% permanent disability. Finally, the WCJ found that defendant unreasonably delayed payment of compensation entitling applicant to an additional penalty of 25% upon delayed permanent disability indemnity. Based on these findings, the WCJ awarded “[a] 25% penalty on the species of delayed permanent partial disability, not to exceed $10,000.00 …. ” Previously, a September 24, 2003 Stipulated Award issued, in Case No. ADJ2192154. providing that applicant sustained industrial injury to her back causing 32% permanent disability. Thereafter, applicant filed a timely Petition to Reopen alleging new and further disability. The WCJ issued an August 24, 2010 Findings, Order Granting Petition to Reopen and Award. Therein, the WCJ granted applicant’s Petition to Reopen, found new and further permanent 1 Although defendant’s Petition for Reconsideration lists Case Nos. ADJ1034035 and AD12062512, defendant does not allege error therein. Accordingly, we treat defendant’s Petition for Reconsideration as seeking reconsideration only in Case No. ADJ2192 154. , disability of 62%, and found that defendant unreasonably delayed payment of compensation en
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