County of Los Angeles, permissibly self-insured James Barker WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES BARKER, Applicant,vs.COUNTY OF LOS ANGELES, permissibly self-insured,Defendant.Case No. ADJ1552157 (VNO 0463608)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the November 16, 2009 Findings and Award of the workers’ compensation administrative law judge (WCJ) who found, in pertinent part, that defendant unreasonably delayed payment of vocational rehabilitation maintenance allowance (VRMA) benefits pursuant to a February 11, 2008 Decision and Order (D&O) of the Rehabilitation Unit (RU), and awarded applicant the benefits allowed by the RU, plus penalties and attorneys’ fees in the amount of $6,000. Earlier, on May 12, 2008, applicant’s claim in this case of industrial injury to his back and neck while working for defendant as a deputy sheriff during the cumulative period through July 24, 2007, was addressed by entry of a stipulated award of 24% permanent disability and future medical treatment, Defendant contends that February 11, 2008 decision of the RU is not legally valid and for that reason the WCAB has no jurisdiction or authority to enforce its terms. Defendant further contends that penalties and attorney’s fees should not have been awarded because it had a good faith doubt as to the enforceability of the RU’s decision, and that the award of attorney’s fees was improper because it was not based upon an itemized statement of the services provided by applicant’s attorney. , An answer was received from applicant and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that the petition be denied. We grant reconsideration and rescind the entire November 16, 2009 decision of the WCJ in order to prevent bifurcation of the issues. We do not make a final decision concerning all the contentions
James Barker vs. County Of Los Angeles, Permissibly Self-insured
This case is about James Barker, a deputy sheriff for the County of Los Angeles, who suffered an industrial injury to his back and neck while working for the County. The County did not pay the vocational rehabilitation maintenance allowance (VRMA) benefits ordered by the Rehabilitation Unit (RU). Barker filed a Declaration of Readiness to Proceed to enforce payment and to recover penalties and attorney's fees. The County objected and appealed the RU's determination. The Workers' Compensation Appeals Board granted reconsideration and rescinded the decision of the WCJ in order to prevent bifurcation of the issues. The case was returned to the trial level for development of the record on the issue of Barker's attorney's fees and for such other and further proceedings as the
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ1552157
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