Home/Case Law/MICHAEL WHITNEY vs. COUNTY OF PLACER
Regular DecisionReconsideration

MICHAEL WHITNEY vs. COUNTY OF PLACER

Filed: Feb 23, 2009
ADJ1286845 (SAC 347550) ADJ2302074 (SAC 322428) ADJ2133073 (SAC 330059)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, reversing a penalty award against the defendant County of Placer. The Board found that the defendant's initial delay in paying the applicant's attorneys' fees was not unreasonable due to ambiguous handwritten language in the award itself, created by applicant's counsel. Defendant acted reasonably by seeking clarification and promptly paid the fees once the ambiguity was resolved. Therefore, the imposition of a penalty for unreasonable delay was unwarranted.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, reversing a penalty award against the defendant County of Placer. The Board found that the defendant's initial delay in paying the applicant's attorneys' fees was not unreasonable due to ambiguous handwritten language in the award itself, created by applicant's counsel. Defendant acted reasonably by seeking clarification and promptly paid the fees once the ambiguity was resolved. Therefore, the imposition of a penalty for unreasonable delay was unwarranted.

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MICHAEL WHITNEY vs. COUNTY OF PLACER (2009) – | CompFox