LOS ANGELES COUNTY SUPERIOR COURT and INTERCARE ORANGE, its administrator, KAREN BURTON-BARLOW, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN BURTON-BARLOW, Applicant,vs.LOS ANGELES COUNTY SUPERIOR COURT and INTERCARE ORANGE, its administrator, Defendants.Case Nos. ADJ1798478 (LAO 0854694) ADJ2522770 (LAO 0856810)OPINION AND ORDER RANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of March 9, 2009, wherein the workers’ compensation administrative law judge (WCJ) granted applicant’s appeal of the September 3, 2008 determination of the Rehabilitation Unit and found that applicant is entitled to retroactive vocational rehabilitation maintenance allowance at the temporary disability rate during the period beginning May 5, 2005 to and including August 7, 2007, payable at the temporary disability rate. Defendant contends that the WCJ erred in finding applicant entitled to vocational rehabilitation maintenance allowance (VRMA) because the sole cause of applicant’s need for vocational rehabilitation benefits and services was found by the AME to be a cumulative trauma injury to the last date of work in 2005, which is subsequent to the “phase-out” of vocational rehabilitation. Applicant has filed an answer to the petition for reconsideration. We have received a Report and Recommendation (Report) from the WCJ recommending that we deny the petition. We note that neither the petition for reconsideration nor the WCJ’s report discussed the effect of the repeal of Labor Code Section 139.5. On April 14, 2009 we granted reconsideration and issued an order allowing amicus briefs in the case of Lawrence Weiner v. Ralphs Company, permissibly self-insured and Sedgwick Claims , Management Services (adjusting agent), WCAB Case No. MON 0305426 (ADJ347040) (Weiner). Weiner raises issues that we believe are applicable to this case: specifically, whether or not a WCJ
