Giallo, Renee

Applicant Renee Giallo sustained injuries to the back and right elbow on 10/11/2002 while employed by Guitar Center. In 2013 the parties stipulated, and a WCJ found, that applicant was entitled to future medical treatment including 36 chiropractic treatments per year, originally authorized with Dr. Jalili, who later became unavailable. After defendant ceased authorizing chiropractic treatment, applicant filed a Petition for Penalties; the WCJ found unreasonable denial of treatment from 4/28/2017 to 3/9/2020 and awarded a 15% penalty under Labor Code section 5814. Both parties petitioned for reconsideration: applicant arguing the penalty period did not match the denial period, and defendant arguing the stipulation was limited to a specific physician. The Board amended the Findings of Fact to align the penalty period with the period of denial (4/4/2017 to 3/9/2020), rejected defendant's argument that the stipulation was limited to Dr. Jalili, and substituted a new Findings of Fact and Award.