CITY OF LOS ANGELES, Permissibly Self- Insured, JOSEPH MCELVOGUE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH MCELVOGUE, Applicant,vs.CITY OF LOS ANGELES, Permissibly Self-Insured, Defendants.Case Nos. ADJ3327550 (MON 0264965)ADJ3658010 (MON 0264963)OPINION AND ORDER GRANTING RECONSIDERATION, AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the May 6, 2009 Second Amended Findings and Order of the workers’ compensation administrative law judge (WCJ) who found in pertinent part that applicant was entitled to retroactive Vocational Rehabilitation Maintenance Allowance (VRMA) for the period July 6, 2002 through August 6, 2007 at the weekly rate of $958.01. Applicant claims to have incurred industrial injury to his bilateral upper extremities, spine, psyche and internal system while working for defendant as a Senior Management Analyst during the period ending May 5, 2000. Defendant contends that the WCJ’s change in the weekly VRMA rate was not merely a correction of a clerical error in the earlier July 21, 2008 order, which allowed $840.00 per week, but was a substantive judicial change of that earlier order which is barred because applicant failed to timely seek reconsideration of the order within 20 days after it issued on July 21, 2008, as required by Labor Code section 5903.1 We grant reconsideration and rescind the May 6, 2009 Second Amended Findings and Order. The issue of applicant’s weekly VRMA rate was finally determined by the July 21, 2008 1Further statutory references are to the Labor Code. , Amended Findings and Order, which remains in effect because applicant did not timely seek reconsideration of it. The procedural history is not in dispute. After applicant filed a claim for benefits it was determined that he was eligible for vocational rehabilitation benefits. On November 8, 2007, the WCAB issued a Finding and Order that determined his eligibility for VRMA for the period of
