Durando Home & Durando Home II; State Compensation Insurance Fund Matthew Falade WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMATTHEW FALADE, Applicant,vs.DURANDO HOME & DURANDO HOME II; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ6934855OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the May 20, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a caregiver on August 6, 2009, sustained industrial injury to his groin and low back/spinc. The WCJ found that applicant’s earnings at the time of the injury were $400.00 per week, producing a temporary disability rate of $266.67 per week. She found that applicant is entitled to physical therapy, “as prescribed by Dr. Sobol,” subject to Labor Code section 4604.5(dXl), and thatdefendant failed to provide physical therapy as prescribed by Dr. Sobol. She found that defendant unreasonably delayed temporary disability payments for the period August 6, 2009, through October 6, 2009, and that defendant unreasonably made those payments at an incorrect rate. The WCJ awarded: (a) physical therapy as prescribed by Dr. Sobol; (b) a 25% increase of the proper temporary’ disability rate less the incorrect temporary disability rate used by defendant for the period August 6, 2009, through October 6, 2009, pursuant to Labor Code section 5814; (c) a 25% increase of the amount of temporary disability indemnity delayed, less any Labor Code section 4650(d) increase that may have been paid; and (d) 25% of the cost of physical therapy “which was unreasonably delayed pursuant to Labor Code $ 5814.“ All amounts were to be adjusted by the parties, with jurisdiction reserved. , Defendant contends the WCJ erred in awarding penalties, arguing that the reports of Dr. Sobol support the reasonableness of the delay in temporary disability payments, that defendant
