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KOPITSKE v. WORKERS' COMP. APPEALS BD.

No. B126908.

88 Cal.Rptr.2d 216 (1999)

74 Cal.App.4th 623

Victoria KOPITSKE, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and Safeco Insurance Company, Respondents.

Court of Appeals of California, Second District, Division Six.

Review Denied November 17, 1999.

Attorney(s) appearing for the Case

Kathleen M. Stout, Santa Barbara, and Julie A. Bienefeld, for Petitioner.

Law offices of Charles B. Crowder, Seattle, WA, and Terry L. Smith, Freeland, WA, for Respondent Safeco Insurance Company.

No appearance for Respondent Workers' Compensation Appeals Board.

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...

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