Mcmaster-Carr Supply Company;Zurich Insurance Company Richard Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA RICHARD GARCIA,Applicant,vs. McMASTER-CARR SUPPLY COMPANY; ZURICH INSURANCE COMPANY,Defendant(s).Case No. ADJ353190 (AHM 0123870)OPINION AND ORDERDENYING PETITIONFOR RECONSIDERATION Defendant seeks reconsideration of the Findings and Order of May 27, 2010, in which the workers’ compensation judge (WCJ) found, in relevant part, that on July 30, 2002, applicant sustained industrial injury to his back, left lower extremity, and hernia, that applicant’s earnings were $960.00 per week, that by failing to commence Vocational Rehabilitation Maintenance Allowance (VRMA) at the “correct rate” of 5246.00, defendant continued to delay rehabilitation benefits, that by failing to secure the services of rehabilitation counselor Enrique Mora, defendant delayed rehabilitation services, that when a defendant delays the provision of rehabilitation services or VRMA, it is liable to pay at the total temporary disability (TTD) rate, that since applicant’s earnings were $960.00 per week, he is now owed indemnity at the TTD rate of S640.00 per weck per Hofmeister v. Workers’ Comp. Appeals Bd. (1984) 156 Cal.App.3d 848 [49 Cal.Comp.Cascs 438], that applicant’s TTD rate is not based on 8 Cal. Code Regs. §10101.1 (j) of the Administrative Director’s (AD’s) Rules but on the $960.00 conceded by defendant in its 2002 and 2003 correspondence, and that there is a 36 and 3/7 week period from August 10, 2007 through April 22, 2008, which at $640.00 per week amounts to S23,314.29 owed to applicant, less attorney’s fees of $3,495.00. , Defendant contcndsjn substance, that applicant is not entitled to an award of rehabilitation benefits resulting from the Rehabilitation Unit’s Order of August 10, 2007 because the Order was not final under Weiner v Ralphs Company (2009) 74 Cal.Comp.Cases 736 (Appeals Board cn banc), that the WCJ erred in relying on the wri
