CompFox AI Summary
Defendant JM Smucker Company seeks reconsideration of an award granting applicant Jose Tostado a 25% penalty for delayed life pension benefits and attorney fees. The defendant also contests sanctions imposed by the WCJ for bad faith tactics under Labor Code section 5813. The Board denied reconsideration, affirming the WCJ's finding of unreasonable delay in benefit payment. However, the Board remanded for a new Notice of Intention to Sanction due to procedural deficiencies in identifying the party to be sanctioned.
Full Decision Text1 Pages
Defendant JM Smucker Company seeks reconsideration of an award granting applicant Jose Tostado a 25% penalty for delayed life pension benefits and attorney fees. The defendant also contests sanctions imposed by the WCJ for bad faith tactics under Labor Code section 5813. The Board denied reconsideration, affirming the WCJ's finding of unreasonable delay in benefit payment. However, the Board remanded for a new Notice of Intention to Sanction due to procedural deficiencies in identifying the party to be sanctioned.
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