under the new law
Court decision that is
published.
industrial injury for
orthopedics,
The applicant filed an application
and indicated vocational
rehabilitation was in issue.
applicant to an orthopedist and
psychiatric agreed medical
examiner, who both found the
injury industrial related. The
doctor also recommended
vocational rehabilitation.
Labor Code section 5814, for
denying benefits. The parties,
thereafter, entered into a
Stipulation with Requests for
Award for a 58 percent
permanent disability. The penalty
issue was submitted at a trial
without testimony.
percent penalty under former
section 5814 against temporary
and permanent disability, medical
treatment and vocational
rehabilitation. The WCJ awarded
only one penalty and the
applicant petitioned for
reconsideration contending a
separate penalty based on each
medical. This all transpired prior
to April 19, 2004.
rights and therefore, the
legislation was retroactive.
report was a separate, legally
significant event under the
Chrisitian case so that multiple
penalties might be awarded.
his right to vocational
rehabilitation benefits by not
raising the argument before the
Workers' Compensation Appeals
Board.
.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
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