Lisa Campbell, vs. City Of Fullerton; Adminsure Diamond Bar,

In this case, Lisa Campbell, an employee of the City of Fullerton, sought workers' compensation for an industrial injury to her left shoulder. The Workers' Compensation Appeals Board granted her petition for reconsideration and amended the findings of fact and award to reflect her temporary disability rate of $590.03 per week. The Board also granted the defendant's petition for reconsideration and amended the findings and award to clarify that the Labor Code section 5814 penalty applies only to delayed temporary disability payments.

CITY OF FULLERTON; ADMINSURE DIAMOND BAR, LISA CAMPBELL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISA CAMPBELL, Applicant,vs.CITY OF FULLERTON; ADMINSURE DIAMOND BAR, Defendants.Case Nos. ADJ1964323 (AHM 0099735)ADJ2290009 (AHM 0099903)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant and Defendant each seek reconsideration of the September 2, 2009 Findings, Award and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed as a dispatcher from 1991 through January 27, 2003, sustained an industrial injury to her left shoulder that caused total temporary disability commencing June 18, 2004 and continuing. The WCJ found that temporary disability indemnity is payable at $490.00 per week. The WCJ also found that the applicant is entitled to penalties pursuant to Labor Code section 5814 for unreasonable delay of medical treatment and temporary disability payments.            Applicant contends that the WCJ erred in awarding temporary disability indemnity at the rate of $490.00 per week, arguing that Labor Code section 4661.5 provides that temporary disability indemnity paid more than two years after the date of injury is payable in accordance with the temporary disability indemnity rate in effect on the date each temporary disability payment is made.            Defendant contends that the WCJ erred in finding that the applicant sustained an industrial injury to her shoulder and in awarding Labor Code section 5814 penalties, arguing that applicant is not credible and that the WCJ’s decision was not based on substantial medical evidence. Defendant also contends that the WCJ erred in awarding a penalty on temporary disability , payments that were not delayed.            We have considered the petitions for reconsideration, and we have reviewed the record in this matter. We have received an answer from applicant. The WCJ has filed a Report and Recommendati

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