Oscar Ortega vs. Data Analysis Chartis Insurance Company

This case involves Oscar Ortega, an employee of Data Analysis, who sustained an injury to his head and hernia while employed on April 3, 2001. Chartis Insurance Company was the employer's insurer for Workers' Compensation purposes. The parties entered into a Compromise & Release agreement on April 8, 2009 in the amount of $125,000, with the applicant receiving a net amount of $85,000. Chartis issued a timely payment in the amount of $25,000 on April 16, 2009, and issued attorney fees in the amount of $8,614.11 on April 16, 2009. Chartis issued a check in the amount of $56,224.84 to the Applicant on May 19, 2009, which

Data Analysis Chartis Insurance Company Oscar Ortega WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOSCAR ORTEGA, Applicant, vs.DATA ANALYSIS; CHARTIS INSURANCE COMPANY, Defendants.Case Nos. ADJ2786953 (ANA 0317684) ADJ3789377 (ANA 0393014) ADJ3880205 (ANA 0317683) ADJ808964 (ANA 0317682)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the August 2, 2011 Amended Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed on April 3, 2001, sustained industrial injury to his head and hernia; that defendant is obligated to pay an additional penalty of $10,000, less the 10 percent self-imposed penalty amount previously paid ($5,622.48); and that applicant’s counsel is entitled to a fee of 15 percent of the additional penalty, “which comes out of the penalty awarded to applicant,” plus an additional $500 pursuant to Labor Code section 5814.5.1            Defendant contends that the WCJ erred in awarding a section 5814(a) penalty when defendant already paid a section 5814(b) self-imposed 10 percent penalty, that he misapplied section 5814(a) in light of controlling case law, that he failed to make a finding of unreasonable delay in payment of compensation, and that he improperly applied section 5814.5 in awarding attorney’s fees.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from applicant, The WCJ prepared a Report and Recommendation of Workers’ Compensation Administrative Law Judge (Report). 1            All further statutory references are to the Labor Code. ,             For the reasons discussed below, we will grant defendant’s petition for reconsideration, rescind the Amended Findings and Award, and return the matter to the trial level for further proceedings and a new decision by the WCJ.            The parties ent

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