United Airlines, Permissibly Self-Insured; Gallagher Bassett Mirtha Shimizu WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIRTHA SHIMIZU, Applicant,vs.UNITED AIRLINES, permissibly self-insured; GALLAGHER BASSETT, Defendant(s).Case No. ADJ147194OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of June 14, 2010, in which the workers’ compensation judge (WCJ) found that applicant sustained industrial injury to her neck, low back and psyche on April 5, 2001, causing permanent disability of 92% “plus a life pension pursuant to the Labor Code,” that “the claim of the COLA increase pursuant to Labor Code section 4659(c) is reserved pending Supreme Court decision of the issue,” and that “applicant’s attorney is awarded attorney’s fees of 15% of all permanent disability, the life pension and potential COLA payment with defendant being ordered to withhold payment until such time as there is either a settlement between present and prior counsel or trial on the issue as to distribution.” Pursuant to these findings, the WCJ awarded permanent disability indemnity in the amount of S143.635.00, payable at the rate of $230.00 per week beginning October 8, 2008. less attorney’s fees of 15%, as well as a “a life pension pursuant to Labor Code section 4659 less attorney’s fees of 15%, said fees to be withheld until further order with jurisdiction reserved.” Finally, the WCJ reserved jurisdiction “over the issue of all COLA benefits pursuant to Labor Code 4659(c) and…any attorney’s fees payable for any additional benefits that may be ow ed ” Defendant contends, in substance, that applicant is not entitled to cost of living adjustments (COLAs) pursuant to Labor Code 4659 because applicant’s date of injury is before January I, , 2003, and thaï the WCJ erred in neglecting to specifically calculate the life pension and attorney’s fees.Applicant filed an answer.In her Re
