Home/Case Law/MARK VAN DYK vs. CALIFORNIA MEN'S COLONY, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MARK VAN DYK vs. CALIFORNIA MEN'S COLONY, STATE COMPENSATION INSURANCE FUND

Filed: Jan 25, 2017
San Luis Obispo
ADJ3806562 (GRO 0033169) ADJ8194254

CompFox AI Summary

The Appeals Board granted reconsideration to correct a clerical error, but affirmed the WCJ's finding that the lien claimant CCPOA Benefit Trust Fund (CCPOA) was not entitled to interest, penalties, costs, or attorney's fees. CCPOA sought these remedies due to alleged late payment of its lien by the defendant. The Board determined that Labor Code sections 5800 and 5814 penalties are payable only to injured employees, not lien claimants, and found no evidence of bad faith or frivolous delay by the defendant to warrant sanctions under Labor Code section 5813.

Full Decision Text1 Pages

The Appeals Board granted reconsideration to correct a clerical error, but affirmed the WCJ's finding that the lien claimant CCPOA Benefit Trust Fund (CCPOA) was not entitled to interest, penalties, costs, or attorney's fees. CCPOA sought these remedies due to alleged late payment of its lien by the defendant. The Board determined that Labor Code sections 5800 and 5814 penalties are payable only to injured employees, not lien claimants, and found no evidence of bad faith or frivolous delay by the defendant to warrant sanctions under Labor Code section 5813.

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