Ryder Integrated Services Corp. Permissibly Self-Insured Roger Fisher WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROGER FISHER, Applicant,vs. RYDER INTEGRATED SERVICES CORP. Permissibly Self-Insured, Defendant(s).Case No. SAC 0333584OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant, Ryder Integrated Services, seeks reconsideration of the Findings, Order and Award of October 17, 2007, wherein it was found, inter alia, that applicant, born May 30, 1974, while employed on May 27, 2003 as a truck driver sustained industrial injury to his back and neck; that applicant is a qualified injured worker; that applicant is entitled to vocational rehabilitation maintenance allowance (VRMA) commencing August 28, 2006 to date and continuing, payable at the temporary disability indemnity rate of $469.27; and that applicant’s attorney has performed services in the reasonable value of $4,225.00. Applicant’s appeal from the June 28, 2007 determination of the Rehabilitation Unit was granted.1 Defendant contends that 1) applicant is not a qualified injured worker (QIW) and not eligible to receive VRMA; 2) if VRMA is awarded at the temporary disability indemnity rate, then defendant is entitled to a credit for wages earned by applicant during subsequent employment at another job; 3) applicant’s qualified medical examiner (QME) Dr. Andrew Burt, reported on November 29, 2004 that vocational rehabilitation is not required, that applicant did 1 [size=1]The Rehabilitation consultant issued the following determination on June 28, 2007: “The employee is not precluded or likely to be precluded from his/her usual and customary occupation or the position held at the time of injury. The employee is therefore not a qualified injured worker under Labor Code section 139.5.”[/size] , return to his regular job and continued to work for a year until August 2004, and that applicant is now working at a similar job for a different compan
