Linda Becerra vs. Jack’s Bindery, Inc.; Utica National Insurance Company

(MON 0197163) ADJ228690 (MON 0224382) is a case between Linda Becerra, the applicant, and Jack's Bindery, Inc. and Utica National Insurance Company, the defendants. The case is regarding the awarding of penalties and attorney's fees for the unreasonable delay in authorizing medical treatment prescribed by the applicant's treating physician. The Workers' Compensation Appeals Board affirmed the April 5, 2013 Findings and Award of the workers' compensation administrative law judge and denied the defendant's petition for removal of the cases. The attorneys for both parties were admonished for their unprofessional and offensive behavior.

JACK’S BINDERY, INC.; UTICA NATIONAL INSURANCE COMPANY LINDA BECERRA WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIALINDA BECERRA, Applicant,vs.JACK’S BINDERY, INC.; UTICANATIONAL INSURANCE COMPANY, Defendants.Case Nos. ADJ3283011 (MON 0197163) ADJ228690 (MON 0224382)             (Marina del Rey District Office)OPINION AND DECISION AFTERRECONSIDERATION IN ADJ3283011ANDORDER DENYING PETITIONFOR REMOVAL INADJ3283011 AND ADJ0228690            In order to study the issues presented, we earlier granted applicant’s petition for reconsideration of the April 5, 2013 Findings And Award of the workers’ compensation administrative law judge (WCJ) who found in ADJ3283011 that applicant’s attorney is entitled to recover fees from defendant in the amount of $6,320.00 for obtaining the earlier June 20, 2012 award of medical treatment prescribed by applicant’s treating physician Israel Rottermann, M.D., to include “physical therapy, acupuncture, MRI of the cervical spine, EMG’s [sic] and nerve conduction studies,” pursuant to the earlier November 12, 2000 stipulated award of future medical treatment.            It is admitted in the parties’ November 12, 2000 stipulated award that applicant incurred industrial injury to her arm, left hand and spine while working as an estimator for Jack’s Bindery, Inc., on September 1, 1993, causing 49:2% permanent disability and need for future medical treatment.            Applicant contends that the WCJ erred in not awarding penalties against defendant pursuant to Labor Code sections 5813 and 5814 for bad faith and unreasonable delay in authorizing the medical treatment prescribed by Dr. Rottermann, and erred by failing to award sufficient attorney’s fees.            When we granted reconsideration on June 25, 2013, we also ordered that defendant be allowed to file a response to applicant’s petition, and an answer to applicant’s petition was received from defendant on July 18, 2013. Prior to that, we received the WCJ’s Report and Recom

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