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Case Name | Kopitske v. WCAB | |
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Date | 08/24/1999 | |
Note | Failure to pay PDA on request while applicant in rehab results in penalty against PD. | |
Citation | 74 Cal.App.4th 623, 64 CCC 972 | |
WCC Citation | WCC 3811999 CA |
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 PD. [74 Cal. App. 4th 627] We annul the order and direct the WCAB to enter a new order assessing the penalty against PD. Kopitske chose to enter vocational rehabilitation (VR) and received vocational rehabilitation temporary disability (VRTD) payments of $372 per week. Because Kopitske had received VRMA of $11,300 and PDA of $5,800 for a total of $17,100, the 10 percent penalty assessed was $1,710. The WCAB denied reconsideration of the decision and Kopitske petitioned this court for review.
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