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Submitted: November 30, 2001

Indiana Floral Company and Maryland Insurance Group/Zurich Insurance (together, Employer) petitions for review of two orders of the Workers’ Compensation Appeal Board (WCAB): (1) an April 22, 1999 order reversing the decision of a workers’ compensation judge (WCJ) to deny Evelyn J. Brown’s (Claimant) reinstatement and penalty petitions and remanding for a determination of the appropriate penalty to be assessed against Employer; and (2) a June 28, 2001 order affirming the decision of a WCJ, which, following remand, assessed a fifty- percent penalty against Employer on past-due disability benefits. We vacate and remand for further proceedings in part and affirm in part.

Claimant was working for Employer as a general clerk when, on July 27, 1988, she fell down seven to ten steps, injuring her right knee and back. (WCJ Anna Marie Mullen’s (WCJ Mullen) Findings of Fact of 4/20/92, Nos. 9, 10; R.R. at 92a.) Claimant received total disability benefits for the injuries pursuant to a Notice of Compensation Payable (NCP) at the rate of $125.67, based on an average weekly wage of $131.77. (WCJ Mullen’s Findings of Fact of 4/20/92, No. 2.)

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