MARSHALLS; AMERICAN CASUALTY COMPANY OF READING, PA, MARIA GONZALEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA GONZALEZ Applicant,vs.MARSHALLS; AMERICAN CASUALTYCOMPANY OF READING, PA, Defendants.Case No. ADJ477714 (VNO 0517811)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Petitions for reconsideration have been filed by applicant, Maria Gonzalez, and defendant, Marshalls, by and through its insurer, American Casualty Company of Reading PA, from the Findings and Award, issued October 30, 2008. In that determination, a workers’ compensation administrative law judge (WCJ) found applicant reached a permanent and stationary status on July 17, 2006, and was not temporarily disabled from July 16, 2006 to the present, as contended by applicant. The WCJ deferred a finding with regard to applicant’s entitlement to temporary disability for future periods. The WCJ further found applicant entitled to an automatic 10% I increase of the temporary disability paid, pursuant to Labor Code section 4650(d), in addition to a Labor Code section 5814 penalty on temporary disability of 25%, less 15% attorney fees. The WCJ denied a penalty on permanent disability, and denied a request for attorney fees pursuant to Labor Code section 5813 and 5814.5.1Applicant contends the WCJ erred in denying temporary disability, where the panel Qualified Medical Evaluator found applicant to be continuously temporarily disabled until she undergoes four surgeries to treat her injuries, which surgeries defendant delayed authorization and 1 All further statutory references are to the Labor Code. , required her to select a physician in its Medical Provider Network (MPN), who has yet to proceed with the surgeries. Applicant argues that the WCJ erred in concluding applicant was at fault for not seeking to change physicians after the MPN physician opted to delay surgery and perform additional testing. Applicant notes that the award of continuing tempor
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