Belmontez

We consider whether the Workers’ Compensation Appeals Board (Board) properly denied workers’ compensation applicant Vicente Belmontez retroactive vocational rehabilitation temporary disability benefits (VRTD) from February 13, 1988, to April 19, 1989, that were ordered by the workers’ compensation judge (WCJ). As we shall explain, we have concluded that the Board’s determination was erroneous and that the WCJ properly awarded applicant Belmontez the retroactive VRTD. Also before us are the questions of whether the issue of retroactive VRTD is reviewable by this court, whether the employer’s insurer is entitled to an award of sanctions and attorney fees, and, finally, whether applicant is entitled to the costs incurred in litigating this petition for writ of review.

Factual and Procedural Background

The procedural history in this case is lengthy. Applicant, Vicente Belmontez, sustained an admitted industrial injury to his low back on August 12, 1987, during employment as a farm laborer by Ikeda Brothers, which was insured for workers’ compensation by Pan American Underwriters (now Paula Insurance). As a result of the injury, he did not return to work. He has completed…