Ramona Sanchez — ADJ14533829

Applicant Ramona Sanchez was awarded retroactive temporary disability benefits on an admitted claim based on the unrebutted Panel QME report of Dr. Balian, which identified a period of temporary partial disability extending past the original MMI date. The WCJ found the employer failed to prove a bona fide offer of alternative/modified duty was available during that period. Defendant petitioned for reconsideration arguing denial of due process, insufficient evidence, and that Labor Code sections 4650(d) and 5800 should not apply. The WCAB denied reconsideration, adopting and incorporating the WCJ's report, and strongly admonished defense attorney Vivian Elias for violating WCAB Rule 10945 by attaching documents already in the record to a 120-page petition. The Board warned that future rule violations may result in sanctions.