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Daina Robertson vs. Veterinary Centers Of America; Zurich American Insurance Co.

Veterinary Centers Of America; Zurich American Insurance Co. Daina Robertson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAINA ROBERTSON, Applicant,vs.VETERINARY CENTERS OF AMERICA; ZURICHAMERICAN INSURANCE CO., Defendants.Case No. ADJ7275781 (Marina del Rey District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant petitions for reconsideration of the March 27, 2012 Supplemental Findings and Award. 12 In that decision, the workers’ compensation administrative law judge (WCJ) found that defendant, when paying a previous July 16, 2012 award, unreasonably failed to include a 10% self-imposed penalty pursuant to Labor Code section 4650(d).1 The WCJ therefore imposed a 25% penalty under section 4650(d). In the July 16, 2012 Findings and Award, the WCJ had found that applicant sustained an industrial injury to her left ankle on November 9, 2009 while employed as a registered veterinary technician, resulting in 17% permanent disability. The WCJ had awarded temporary total disability indemnity from November 9, 2009 through October 27, 2011, less dates worked, permanent disability indemnity of $15,706.54, attorneys’ fees, and further medical treatment.            Defendant contends that it did not unreasonably fail to pay a section 4650(d) increase, because none was due. Defendant argues that it disputed the periods of disability prior to the July 16, 2012 decision and paid the award within fourteen days of its issuance.            We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny the Petition. 1 All further statutory references are to the Labor Code. ,             For the reasons set forth below, we will grant reconsideration, rescind the March 27, 2012 Supplemental Findings and Award, and return the matter to the trial leve


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