RMD REBAR, INC.; STATE COMPENSATION INSURANCE FUND; JOHN CROMWELL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN CROMWELL, Applicant,vs.RMD REBAR, INC.; STATE COMPENSATION INSURANCE FUND; DefendantsCase No. ADJ2591614 (MON 301409)ADJ3783399 (MON 303806)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant and defendant each seek reconsideration of the February 19, 2009 Joint Findings and Award of the workers’ compensation administrative law judge (WCJ) who found that applicant, while working as an iron worker on January 13, 2003 and January 1, 1986 through January 13, 2003, incurred industrial injury to several body parts jointly causing a period of temporary. total disability, 100% permanent disability and a need for future medical treatment. The WCJ further found that applicant was entitled to recover various penalties, including a 25% penalty for the late payment of mileage that had been awarded, a 25% penalty for the late payment of temporary disability indemnity due for the period February 8, 2007 through October 23, 2007, and a 25% penalty for delayed payments made after October 11, 2008 at less than the partial temporary disability indemnity rate. The WCJ also determined that applicant’s attorney was entitled to a fee of $139,000.00 plus $1,900.00 for the collection of the penalties. Applicant contends that the amount of the award of temporary total disability was not correctly determined and that additional penalties and attorney’s fees should have been awarded. Defendant contends that the WCJ should have determined the date on which the amount of applicant’s benefit should be adjusted pursuant to Labor Code section 4659(c), and that she should////// , have allowed it credit for money paid by defendant to applicant prior to the issuance of the award.1 Defendant also questions how the $1,900.00 attorney’s fee for the collection of penalties was calculated. The WCJ fi
John Cromwell, vs. Rmd Rebar, Inc.; State Compensation Insurance Fund;
In this case, John Cromwell, an iron worker, was injured while working for RMD Rebar, Inc. and sought workers' compensation. The Workers' Compensation Appeals Board granted both parties' petitions for reconsideration and rescinded the February 19, 2009 Joint Findings and Award. The case was returned to the trial level for further proceedings and a new decision by the WCJ. The WCJ was instructed to address all of the parties' contentions, including the calculation of the rate of temporary total disability, the allowance of penalties and attorney's fees, and the allowance of credit for money paid by the defendant prior to the issuance of the award.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2591614
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