Marvin Doyle vs. Wheel Works And Ciga For Great States Insurance Company, In Liquidation, Tpa By Intercare

In this case, Marvin Doyle, the applicant, filed a claim against Wheel Works and CIGA for Great States Insurance Company, in liquidation, tpa by Intercare, the defendants. The workers' compensation administrative law judge found that the defendants were responsible for attorney fees, unreasonably delayed the payment of temporary and permanent disability, and unreasonably delayed payment of treatment to Dr. Rudell. The defendants sought reconsideration of the decision, and the WCJ recommended that the decision be amended to state that the defendants did not unreasonably delay the payment of treatment to Dr. Rudell and that there was no violation of Labor Code section 5814 with respect to that payment. The Workers' Compensation Appeals Board granted the defendants' petition

Wheel Works And Ciga For Great States Insurance Company, In Liquidation, Tpa By Intercare Marvin Doyle WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARVIN DOYLE, Applicant,vs.WHEEL WORKS and CIGA for GREATSTATES INSURANCE COMPANY, in liquidation, tpa by INTERCARE, Defendants],Case No. SRO 125207OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant, California Insurance Guarantee Association (CIGA), seeks reconsideration of the Findings and Order issued April 13, 2007 wherein the workers’ compensation administrative law judge (WCJ) found:“I. Applicant timely raised the issue of defendant paying attorney fees.2. This judge’s failure to insert the issue at the time of the trial into the minutes does not waive applicant’s right to raise them.1            3. Defendant was not forced to file an application.4.            Even if forced. Labor Code §4064(c) fails to distinguish between voluntary or involuntary filing of the application.5.            Defendant is responsible for all attorney fees incuned by the            Âfiling of the application pursuant to Labor Code §4064(c).            ™6.            Defendant did unreasonably delay the payment of temporary disability after this judge’s findings and award for the period September 11.1995 through September 27.1995.7.            Defendants did unreasonably delay payment of permanent disability,8.            Defendants arc required to pay the usual and customary costs for self-procured medical treatment and thus did unreasonably delay payment of treatment to Dr. Rudcll.9.            Defendant’s failure in the above three findings of fact were an unreasonable delay of benefits to applicant and therefore violated of Labor Code §5814.”            Defendant contends that the WCJ erred by finding defendant liable for 25% penalties “on , applicant’s award of permanent disability, temporary disability and self procured medical treatment The defendant further c

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