CompFox AI Summary
The Appeals Board granted reconsideration to address applicant's arguments regarding penalties and attorney fees. The Board affirmed the WCJ's decision to award a 10% penalty for delayed payment, finding it appropriate given the circumstances. However, the issue of attorney fees under Labor Code section 5814.5 was deferred and returned to the trial level for further proceedings to determine a reasonable fee based on actual services rendered in enforcing the award. The Board also noted potential unpaid interest on the penalty, advising applicant to seek enforcement if unresolved.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to address applicant's arguments regarding penalties and attorney fees. The Board affirmed the WCJ's decision to award a 10% penalty for delayed payment, finding it appropriate given the circumstances. However, the issue of attorney fees under Labor Code section 5814.5 was deferred and returned to the trial level for further proceedings to determine a reasonable fee based on actual services rendered in enforcing the award. The Board also noted potential unpaid interest on the penalty, advising applicant to seek enforcement if unresolved.
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