DEPARTMENT OF PUBLIC SOCIAL SERVICES; Permissibly Self-Insured, ROSE MARIE NUNO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSE MARIE NUNO, Applicant,vs.DEPARTMENT OF PUBLIC SOCIALSERVICES; Permissibly Self-Insured, Defendants.Case Nos. ADJ1117539 (POM 0217890)ADJ2570937 (POM 0217901)ADJ1684492 (POM 0236525)OPINION AND ORDER DENYING RECONSIDERATION Defendant, County of Los Angeles, permissibly self-insured, seeks reconsideration of the Joint Findings, Award and Orders, issued December 4, 2008, in which a workers’ compensation administrative law judge (WCJ) found applicant, Rose Marie Nuno, was not yet permanent and stationary and thus entitled to continuing temporary disability benefits as a result of her three stipulated industrial injuries, relying upon the findings of the Agreed Medical Examiner in neurology, Dr. Merman. Temporary disability rate was based upon applicant’s contract earnings at the time of her temporary disability, less her bilingual bonus. The WCJ found defendant unreasonably delayed or refused to pay temporary disability benefits and imposed a 15% penalty pursuant to Labor Code section 5814, as well as the automatic Labor Code section 4650 penalty on unpaid or underpaid temporary disability benefits. The issue of permanent and stationary date and permanent disability was deferred pending a follow-up evaluation with the AME. Defendant contends it is aggrieved by the WCJ’s determination, arguing that the WCJ failed to sufficiently explain her decision as required by Labor Code section 5313, that the WCJ may have erred if she relied upon the report of Dr. Procci, applicant’s physician, which defendant asserts is inadmissible, that applicant is not entitled to continuing temporary disability, that the , temporary disability rate should be limited to applicant’s union contract earnings at the time of injury, and that there is no basis for the awards of penalties pursuant to Labor Code sections 4650 and 5814. No an
