JOSLYN SUNBANK CORPORATION; GAB ROBINS BURBANK, MYRIAM PEREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMYRIAM PEREZ, Applicant,vs.JOSLYN SUNBANK CORPORATION; GAB ROBINS BURBANK, Defendant.Case Nos. ADJ3277232 (GRO 0018561)ADJ2363528 (GRO 0019047)OPINION AND ORDERS DENYING APPLICANT’S AND DEFENDANT’S PETITIONS FOR RECONSIDERATION Applicant and defendant each seek reconsideration of the Findings and Award issued by a Workers’ compensation administrative law judge (WCJ) on March 25, 2009. On September 18, 1998, a WCJ found that applicant sustained industrial injury from 1988 through August 1996, causing 33% permanent disability and a need for further medical treatment for her respiratory condition. In the March 25, 2009 decision, the WCJ found that there has been no failure to furnish medical treatment, and that no penalty is due. The WCJ also found that applicant is entitled to reimbursement for self-procured medical treatment; that defendant’s delay or failure to timely reimburse the applicant for medical treatment was unreasonable and awarded applicant penalties pursuant to Labor Code section 58141; and that applicant’s attorney is entitled to a fee of $350.00 for work of below average complexity pursuant to section 5814.5. In her petition, applicant contends that the WCJ erred in not finding a penalty pursuant to section 5814 regarding provision of treatment for applicant’s pulmonary condition, arguing that defendant’s Medical Provider Network (MPN) was defective because it failed to include a pulmonary medicine specialist as requested by applicant to treat her respiratory condition. 1Unless otherwise stated, all further statutory references are to the Labor Code. , Applicant also contends that the section 5814.5 attorney’s fee awarded is inadequate, arguing that the services applicant’s attorney provided were of above-average complexity and that the fee awarded does not reflect a reasonable rate for his time expended preparing fo
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