Selena Mccall-fisher, vs. County Of Los Angeles; Cambridge Integrated Services,

In this case, Selena McCall-Fisher is seeking reconsideration of a decision by the Workers' Compensation Administrative Law Judge (WCJ) that found she sustained industrial injury to her psyche, headache, both wrists (right major), cervical and lumbrosacral spine in 1995, and that she was entitled to 29.5% permanent disability (PD). The WCJ also found that applicant was not entitled to a 10% increase under Labor Code section 4650(d) for defendant's failure to timely pay TD benefits, and that applicant was not entitled to a 10% penalty on TD benefits under Labor Code section 5814 because her claim had been settled by the January 14, 1999 Stipulations and Award and there was

COUNTY OF LOS ANGELES; CAMBRIDGE INTEGRATED SERVICES, SELENA MCCALL-FISHER, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASELENA MCCALL-FISHER,, Applicant,vs.COUNTY OF LOS ANGELES; CAMBRIDGE INTEGRATED SERVICES, .Defendant(s).Case Nos.LBO 0268255OPINIONAND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Applicant seeks reconsideration of the “Order Granting Petition to Reopen and Decision Thereon’’ of May 17, 2007, in which the workers’ compensation administrative law judge (WCJ) found that on September 15, 1995, applicant sustained industrial injury to her psyche, headache, both wrists (right major), cervical and lumbrosacral spine, that on January 14, 1999 this injury claim was settled by Stipulations and Award for 29.5% permanent disability (PD), that the injury caused temporary total disability (TTD) from January 19, 2000 to October 16, 2000 and August 25, 2004 to October 18, 2004, that since defendant delayed payment of TD benefits more than two years after the date of injury of September 15, 1995, applicant is entitled to an increased disability rate of $676.92 per week under Labor Code section 4661.5, that applicant is not entitled to a 10% increase under Labor Code section 4650(d) for defendant’s failure to timely pay TD benefits because no evidence was presented showing when the TD benefits were paid, that applicant has new and further PD to her psyche of 70%, after apportionment, and 16.5% PD to her orthopedic body parts, resulting in a combined multiple PD of 77%, that applicant is not entitled to a 10% penalty on TD benefits under Labor Code section 5814 because her claim had been settled by the January 14, 1999 Stipulations and Award and there was no award of TD for the period in question, and that applicant is not entitled to a 10% penalty on PD under section 5814 because defendant , timely paid all permanent disability advances (PDAs) as set forth in the January 14, 1999 Stipulations and Award.            Applicant

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