Wolter, James

Applicant James Wolter, a carpenter, sustained industrial injury on November 15, 2016 to his low back, psyche, and in the form of hernia. The WCJ issued Findings, Award and Orders finding two periods of temporary total disability, an average weekly wage of $1,100 (TTD rate $733.33), Labor Code section 5814 penalties totaling over $18,000, and ordered additional QME panels in orthopedics and psyche but not internal medicine. Defendant Hudson Insurance sought reconsideration challenging the AWW finding, the TTD periods (failure to credit intervening temporary partial disability), the 5814 penalties (including penalizing an insurer for pre-notice delays by its insured, the two-year limit in section 5814(g), and exceeding the $10,000 maximum), and the order for an additional psyche QME panel. The Board granted reconsideration, deferred the issues of average weekly wage, temporary disability, and section 5814 penalties for the WCJ to reanalyze, and denied relief on the QME psychiatry panel order under the removal standard. The matter was remanded for further proceedings consistent with the opinion.