Darin White vs. Whole Foods, Gallagher Bassett Services, Inc.

This case concerns a petition for reconsideration of a decision denying attorney's fees under Labor Code section 5814.5. The applicant argued that fees were warranted because a penalty award for delayed temporary disability benefits followed an initial award of temporary disability. The majority denied reconsideration, agreeing with the prior ruling that fees under section 5814.5 are only awarded for enforcing compensation that has already been awarded. However, a dissenting commissioner argued that the statute should be interpreted more broadly to allow fees when a defendant delays payment of any benefit within an awarded category, even if not specifically quantified in the initial award.