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EDWIN GEORGE vs. ROWLETT’S TOWING, INC.; STATE COMPENSATION INSURANCE FUND

ROWLETT’S TOWING, INC.; STATE COMPENSATION INSURANCE FUND EDWIN GEORGE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWIN GEORGE, Applicant,vs.ROWLETT’S TOWING, INC.; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ1191098 (VNO 0328222)OPINION AND ORDER DENYING RECONSIDERATION            Applicant seeks reconsideration of the August 31, 2012 Supplemental Findings and Award & Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that defendant unreasonably failed to make payment of temporary disability (TD) in the sum of $37,092.38 pursuant to a May 25, 2010 Stipulated Award entitling applicant to increased compensation in the amount of $7,418.48 pursuant to Labor Code1 section 5814 and attorney’s fees under section 5814.5 in an amount to be determined by the parties; that defendant unreasonably failed to reimburse applicant out-of-pocket expenses in the amount of $37,059.64 incurred in connection with a hospital stay for bariatric surgery entitling applicant to increased compensation in the amount of $7,411.93 and attorney’s fees under section 5814.5 in an amount to be determined by the parties; that defendant did not unreasonably fail to reimburse applicant the additional out of pocket reimbursement requested and did not unreasonably fail to authorize the purchase of a single-story residence; that defendant did not unreasonably delay and/or fail to provide transportation, supplies, breathing machine, physical therapy, acupuncture, chiropractic, new wheelchair, evaluation by nutritionist, podiatrist, usable TENS Unit, new hospital bed, new recliner, epidural injections, authorize and/or sign contract for Jan Roughan, RN, and 1 All further statutory references are to the Labor Code, unless otherwise noted. , authorize LVN visits and treatment. Based on these findings, the WCJ awarded applicant the two section 5814 penalties described above and denied the balance of the applicant’s claims for penalties.     

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