CITY OF LOS ANGELES, permissibly self-insured, administered by TRISTAR RISK MANAGEMENT, RANDY CANISTER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARANDY CANISTER, Applicant,vs.CITY OF LOS ANGELES, permissibly self-insured, administered by TRISTAR RISK MANAGEMENT, Defendant(s).Case No. ADJ2150246 (VNO 0460544)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant, the City of Los Angeles, seeks reconsideration of the “Order” of May 18, 2009, in which the workers’ compensation judge (WCJ) denied applicant’s appeal from the October 17, 2007 Determination of the Rehabilitation Unit. Affirming that Determination, the WCJ ordered defendant to pay all untimely-paid Vocational Rehabilitation Maintenance Allowance (VRMA) at applicant’s temporary disability (TD) rate, plus a 10% penalty. Defendant contends that the repeal of Labor Code section 139.5, effective January 1, 2009, ended all vocational rehabilitation rights and precludes the Appeals Board from further hearing or adjudicating any claim of right dependent upon the former statute, unless such right was vested pursuant to a final order, award or settlement before its repeal. Based on our review of the record and the Appeals Board’s recent en banc decision in Weiner v. Ralphs Company (2009) 74 Cal. Comp. Cases 736, we will deny the petition for reconsideration. Reviewing the record, we note that the Determination of the Rehabilitation Unit dated October 17, 2007 indicates that applicant claimed entitlement to retroactive VRMA from November 9, 2004 to January 7, 2007. However, the Rehabilitation Unit found applicant entitled to retroactive VRMA at the TD rate only for the periods November 9, 2004 through February 15, , 2005 and November 27, 2006 through January 7, 2007. Though applicant timely appealed the Determination and specifically claimed additional benefits for the period not awarded, i.e., February 16, 2005 through November 26, 2006, defendant f
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