Home/Case Law/ALENA GIARDINA vs. COUNTY OF LOS ANGELES
Regular DecisionReconsideration

ALENA GIARDINA vs. COUNTY OF LOS ANGELES

Filed: Nov 09, 2016
Marina Del Rey
ADJ2558327, ADJ8142450 & ADJ8142428

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Workers' Compensation Judge's (WCJ) decision to award a 25% penalty on a portion of benefits. The penalty was applied to the difference between what the applicant was entitled to under Labor Code §4850 and what was actually paid due to the employer's offset for sick pay. The WCJ found this single penalty appropriate for the employer's continuous conduct of delaying payment. The Board adopted the WCJ's reasoning, concluding that the penalty was properly calculated and served the goal of substantial justice.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Workers' Compensation Judge's (WCJ) decision to award a 25% penalty on a portion of benefits. The penalty was applied to the difference between what the applicant was entitled to under Labor Code §4850 and what was actually paid due to the employer's offset for sick pay. The WCJ found this single penalty appropriate for the employer's continuous conduct of delaying payment. The Board adopted the WCJ's reasoning, concluding that the penalty was properly calculated and served the goal of substantial justice.

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