Home/Case Law/JOSE TOSTADO vs. JM SMUCKER COMPANY, BROADSPIRE
Regular DecisionReconsideration

JOSE TOSTADO vs. JM SMUCKER COMPANY, BROADSPIRE

Filed: Feb 08, 2013
San Francisco
ADJ4349754 (OXN 0124391)

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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