UNITED AIRLINES, permissibly self-insured and GALLAGHER BASSETT SERVICES, INC., its administrator, LINDA ROSENBERG, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA ROSENBERG, Applicant,vs.UNITED AIRLINES, permissibly self-insured and GALLAGHER BASSETT SERVICES, INC., its administrator, Defendants.Case Nos. ADJ1509936 (MON 0335614)ADJ1185943 (MON 0335615)ADJ1317308 (MON 0335616)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Interim Joint Findings, Award and Order of February 23, 2009, wherein the workers’ compensation administrative law judge (WCJ) granted defendant’s appeal of the August 14, 2007 determination of the Rehabilitation Unit and found that applicant is entitled to vocational rehabilitation benefits during the period beginning June 14, 2006 to and including July 30, 2007, payable at the temporary disability rate. Applicant contends that the WCJ erred in limiting the period of her entitlement to vocational rehabilitation maintenance allowance (VRMA) to the period of June 14, 2006 through July 30, 2007 where the treating physician found that applicant was permanent and stationary and medically eligible for vocational rehabilitation benefits and services on July 21, 2003 but defendant failed to timely send her the notices required by Labor Code Section 4636(a). Defendant has not 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) (Weine
Linda Rosenberg, vs. United Airlines, Permissibly Self-insured and Gallagher Bassett Services, Inc., Its Administrator,
In this case, Linda Rosenberg is seeking reconsideration of a decision by a workers' compensation administrative law judge (WCJ) that limited her entitlement to vocational rehabilitation maintenance allowance (VRMA) to the period of June 14, 2006 through July 30, 2007. The Workers' Compensation Appeals Board granted reconsideration and rescinded the Findings, Award and Order of January 26, 2009, returning the matter to the trial level for further proceedings and a new decision consistent with the opinion. The Board also encouraged the parties to attempt to informally resolve the disputed issues.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1509936
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