Avila Thomason, Irma

Applicant, a senior psychiatric technician injured on October 4, 2006 to bilateral shoulders, bilateral wrists, and left elbow, sought reconsideration of a June 26, 2024 F&A which found that Labor Code section 4658(d)(2) did not apply because all permanent disability had been advanced before the MMI date of July 7, 2021. Applicant argued that because defendant (with 50+ employees) never issued a return-to-work offer, she was entitled to a 15% increase under section 4658(d)(2). The Board held that although defendant's failure to make a return-to-work offer was relevant, the statute only increases payments 'remaining to be paid,' and applicant had been paid in full for her 45% permanent disability (less attorney's fees) within 60 days of the July 7, 2021 P&S date. The Board granted reconsideration solely to amend Finding of Fact 5 to clarify there were no remaining benefits subject to the increase, while also noting that because no return-to-work offer was made, defendant was not entitled to a 15% decrease under section 4658(d)(3)(A). The F&A was otherwise affirmed.