Home/Case Law/HILDA HERNANDEZ vs. AMERICAN TOOTH INDUSTRIES, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

HILDA HERNANDEZ vs. AMERICAN TOOTH INDUSTRIES, STATE COMPENSATION INSURANCE FUND

Filed: Jan 07, 2008
OXN 0140967

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and amended the decision. The WCAB affirmed the Labor Code section 5814 penalty for the employer's unreasonable delay in paying a portion of the deposition attorney's fees. However, the WCAB rescinded the Labor Code section 5814.5 attorney's fees award because there was no prior enforcement of an award to justify them, and remanded the issue of sanctions for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and amended the decision. The WCAB affirmed the Labor Code section 5814 penalty for the employer's unreasonable delay in paying a portion of the deposition attorney's fees. However, the WCAB rescinded the Labor Code section 5814.5 attorney's fees award because there was no prior enforcement of an award to justify them, and remanded the issue of sanctions for further proceedings.

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