Kopitske

Kopitske v. WORKERS'COMP. APPEALS BD.

Good Law
74 Cal. App. 4th 623·88 Cal. Rptr. 2d 216
Court of Appeal of CaliforniaAugust 24, 1999B126908California4,100 words

Opinion

Opinion

GILBERT, Acting P.J.

An injured worker receives vocational rehabilitation maintenance allowance (VRMA). Her employer unreasonably delays paying advances against permanent disability (PDA) per Labor Code section 139.5. In this case of first impression, we hold that the 10 percent penalty under Labor Code section 5814 should be assessed against permanent disability (PD).

Victoria Kopitske (Kopitske) petitions for review of the order of the Workers' Compensation Appeals Board (WCAB) denying reconsideration of its ruling that the penalty assessed for unreasonable delay in paying PDA should only be against VRMA supplemented by PDA, and not against PP. I We annul the order and direct the WCAB to enter a new order assessing the penalty against PD.

Kopitske suffered an industrial injury. She received $372 per week as temporary disability (TD). Kopitske chose to enter vocational rehabilitation (VR) and received vocational rehabilitation temporary disability (VRTD) payments of $372 per week. Her condition became permanent and stationary (P & S). Accordingly, she was no longer eligible for TD payments. (Lab. Code, § 139.5, subd. (c).) [1] She continued to request VR services, making her…

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