LOS ANGELES COLLEGE OF CHIROPRACTIC; ACE AMERICAN INSURANCE, administered by ESIS, PAUL LIGAMMARI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAUL LIGAMMARI, Applicant, vs.LOS ANGELES COLLEGE OF CHIROPRACTIC; ACE AMERICAN INSURANCE, administered by ESIS, Defendant(s).Case No. ADJ246218 (ANA 0286638)ADJ1311306 (ANA 0355854)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, who is not represented by an attorney, seeks reconsideration of the Findings, Award and Order of March 16, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant’s earnings at the time of his February 9, 1992 injury were $693.00 per week. The WCJ also found that the Employment Development Department is entitled to be reimbursed the full amount of their lien payable by defendant from the vocational rehabilitation maintenance allowance (VRMA) awarded by the August 21, 2007 Determination of the Rehabilitation Unit. In addition, the WCJ found that the applicant is not entitled to interest pursuant to Labor Code section 5800 on the VRMA benefits awarded by the August 21, 2007 Determination of the Rehabilitation Unit. Applicant contends that the WCJ erred in finding that the applicant’s earnings were $693.00 per week, arguing that his actual earnings were $1024.00 per week as evidenced by tax forms, check stubs, and the stipulations of the parties. Applicant also contends that the start date for VRMA at the temporary disability rate should be September 10, 2001 rather than February 12, 2002 as found by the August 21, 2007 Determination of the Rehabilitation Unit. Finally, applicant contends that the WCJ erred by failing to award penalties and interest, arguing that he has waited eight years for payment of this benefit. , Defendant filed an answer to the petition for reconsideration. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) in which he reco
