CompFox AI Summary
This case concerns a penalty for unreasonable delay in providing applicant Karen White with necessary medical treatment. The Appeals Board affirmed the 25% penalty on treatment delayed from March 31, 2008, to April 28, 2008, due to the defendant's failure to authorize care after a prior stipulated award. However, the Board modified the attorney's fees, allowing only one fee for enforcing the original award, not a separate fee for pursuing the penalty itself. The concurring and dissenting opinion argued for both attorney fees, stating penalties cannot be litigated at expedited hearings, necessitating a separate action.
Full Decision Text1 Pages
This case concerns a penalty for unreasonable delay in providing applicant Karen White with necessary medical treatment. The Appeals Board affirmed the 25% penalty on treatment delayed from March 31, 2008, to April 28, 2008, due to the defendant's failure to authorize care after a prior stipulated award. However, the Board modified the attorney's fees, allowing only one fee for enforcing the original award, not a separate fee for pursuing the penalty itself. The concurring and dissenting opinion argued for both attorney fees, stating penalties cannot be litigated at expedited hearings, necessitating a separate action.
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