Kopitske v. Workers' Compensation Appeals Board

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…