Bob Frink Management, Inc.; State Compensation Insurance Fund Jack Schafer WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJACK SCHAFER, Applicant,vs.BOB FRINK MANAGEMENT, INC.; STATE COMPENSATION INSURANCE FUND, Defendants, Case No. ADJ1516621OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Amended Findings and Award of June 17, 2010, wherein it was found that applicant was entitled to vocational rehabilitation maintenance allowance (VRMA) benefits “from September 8. 2003 to the present, less credit for benefits already paid,” increased compensation for delayed vocational rehabilitation benefits pursuant to Labor Code § 4650(d), and a Labor Code §5814 penalty in the amount of Si0.000 for unreasonably delaying or denying the payment of vocational rehabilitation benefits. It appears that the other issues in th*s case were settled by a Stipulated Award of May 5, 2009 which found that, while employed as an automobile mechanic on August 20. 2001. applicant sustained industrial injury to his back, causing permanent disability of 9% and the need for further medical treatment.’ Defendant contends that the WCJ erred in (1) finding that its liability for retroactive VRMA commenced on September 8. 2003, (2) finding that it was liable for increased compensation pursuant to Labor Code § 4650(d), and in (3) finding it w’as liable for a Labor Code 1 Although the date of injury and the defendant in the stipulated Award coincide with the date of injury and the defendant in the instant case, the stipulated Award bears the case number of an action the applicant instituted against another defendant for another date of injury . , § 5814 penalty in the amount of $10,000. We have received an answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). As explained below, we will grant reconsid
Jack Schafer vs. Bob Frink Management, Inc.; State Compensation Insurance Fund
In this case, Jack Schafer was injured while employed as an automobile mechanic on August 20, 2001. He was awarded temporary disability benefits, vocational rehabilitation benefits from September 8, 2003 to the present, an increase in vocational rehabilitation benefits, and a Labor Code § 5814 penalty in the amount of $10,000 for unreasonably delaying or denying the payment of vocational rehabilitation benefits. The Workers' Compensation Appeals Board granted reconsideration and amended the Amended Findings and Award of June 17, 2010 to defer the issue of Labor Code § 5814 penalties so that the WCJ may properly explain the reasoning for his penalty calculation.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ1516621
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