Home/Case Law/JAMES VAN DELL (Deceased), LORILENE VAN DELL (Dependent) vs. COUNTY OF LOS ANGELES
Regular DecisionReconsideration

JAMES VAN DELL (Deceased), LORILENE VAN DELL (Dependent) vs. COUNTY OF LOS ANGELES

Filed: Oct 18, 2012
Van Nuys
ADJ7365717

CompFox AI Summary

This case involves a widow's claim for death benefits after her firefighter husband died from prostate cancer. The defendant, County of Los Angeles, unreasonably delayed payment by requesting tax returns that were partially blacked out by the IRS, despite the widow's attorney providing explanations and other evidence of dependency. The Appeals Board rescinded the prior order finding no unreasonable delay, determined that a penalty is warranted due to the defendant's unreasonable refusal to provide benefits. The matter is returned to the WCJ to determine the amount of the penalty based on established legal factors.

Full Decision Text1 Pages

This case involves a widow's claim for death benefits after her firefighter husband died from prostate cancer. The defendant, County of Los Angeles, unreasonably delayed payment by requesting tax returns that were partially blacked out by the IRS, despite the widow's attorney providing explanations and other evidence of dependency. The Appeals Board rescinded the prior order finding no unreasonable delay, determined that a penalty is warranted due to the defendant's unreasonable refusal to provide benefits. The matter is returned to the WCJ to determine the amount of the penalty based on established legal factors.

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